Annual Report 2016/17

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1 what you want to see Annual Report 2016/17

2 FPB guides what you want to see

3 1 SECTION General Information PG ANNUAL REPORT 2016/17 1

4 Public Entity s General Information Registered Name Film and Publication Board Physical Address Head Office 420 Witch Hazel Avenue Eco Glade 2 Eco Park Centurion 0157 South Africa Tel: Fax: Postal Address Head Office Private Bag X31 Highveld Park 0169 Cape Town 301H - 9 Long Street Cape Town Tel: Fax: Durban 4 Silver Oaks 36 Silverton Road Durban Tel: Fax: Website External Auditors Auditor-General of South Africa (AGSA) Internal Auditors Audit and Risk Management Services Bankers Information Absa Council Secretary Mr T Mokutu 2 FILM AND PUBLICATION BOARD

5 Contents Section 1: General Information 1 Public Entity s General Information 2 List of Abbreviations 4 Section 2: Performance Information 5 Statement of Responsibility regarding performance information 6 Section 3: Strategic Overview 7 Strategic Overview 8 FPB s Organisational Environment 11 Minister s Foreword 14 Deputy Minister s Foreword 16 Members of the Council 20 Executive Committee 2016 / Chairperson s Foreword 24 ACEO Foreword 26 Overview of FPB s Performance 28 Section 4: Governance 38 Governance 39 Section 5: Human Resource Management 46 Human Resource Management 47 Section 6: Financial Information 60 Index 62 List of Abbreviations 63 Audit and Risk Committee Report 64 Report of the Auditor-General to Parliament on the Film and Publication Board 67 Accounting Authority s Responsibilities and Approval 73 Accounting Authority s Report 74 Statement of Financial Position as at 31 March Statement of Financial Performance 76 Statement of Changes in Net Assets 77 Cash Flow Statement 78 Statement of Comparison of Budget and Actual Amounts 79 Accounting Policies 80 Notes to the Financial Statements 91 Section 7: Performance Information Report 107 Strategic Outcome Strategic Outcome Strategic Outcome Strategic Outcome Strategic Outcome ANNUAL REPORT 2016/17 3

6 List of Abbreviations AWRT DIFF DoC EA FPG s FPB FP Act GCIS HR ICASA ICAS IT ICT INHOPE MMA MoU MTEF Association of Women in Radio and Television Durban International Film Festival Department of Communications Executive Authority Films, Publications and Games Film and Publication Board Films and Publications Act Government Communications and Information System Human Resource The Independent Communications Authority of South Africa Independent Counselling and Advisory Services Information Technology Information and Communications Technology International Association of Internet Hotlines Media Monitoring Africa Memorandum of Understanding Medium Term Strategic Framework NDP National Development Plan 2030 PFMA POPI SABC SAPS UNISA Public Finance Management Act Protection of Personal Information Act South African Broadcasting Corporation South African Police Service University of South Africa 4 FILM AND PUBLICATION BOARD

7 2 SECTION Performance Information ANNUAL REPORT 2016/17 5

8 cyber-bullying the use of electronic communication to bully a person, typically by sending messages of an intimidating or threatening nature. Statement of Responsibility and confirmation of accuracy for the year ended 31 March 2017 To the best of my knowledge and belief, I confirm the following: All information and amounts disclosed in the annual report is consistent with the annual financial statements audited by the Auditor General. The annual report is complete, accurate and is free from any omissions. The external auditors are engaged to express an independent opinion on the annual financial statements. In our opinion, the annual report fairly reflects the operations, the performance information, the human resources information and the financial affairs of the entity for the financial year ended 31 March Yours faithfully The annual report has been prepared in accordance with the guidelines as issued by National Treasury. The Annual Financial Statements (Part E) have been prepared in accordance with the GRAP standards applicable to the public entity. Mr M Dzebu Chief Executive Officer (Acting) The accounting authority is responsible for the preparation of the annual financial statements and for the judgements made in this information. The accounting authority is responsible for establishing and implementing a system of internal control. This has been designed to provide reasonable assurance as to the integrity and reliability of the performance information, the human resources information and the annual financial statements. 6 FILM AND PUBLICATION BOARD

9 3 SECTION Strategic Overview ANNUAL REPORT 2016/17 7

10 STRATEGIC OVERVIEW FPB Vision The revised vision is: A leading and credible content regulator that empowers the public to make informed viewing and gaming choices. FPB Mission The mission is to ensure the regulation of media entertainment content by empowering the public, contributing to child protection, and promoting the growth of the industry. Mandate Derived from the Films and Publications Act 65 of 1996 as amended in 2004 and 2009, the Film and Publication Board (FPB) is mandated to regulate: (1) the creation, production, possession and distribution of certain publications and certain films by means of classification; (2) the imposition of age restrictions and giving consumer advice; and, (3) make exploitative use of children in pornographic publications, films, or on the internet, punishable. Therefore, the Mandate of the FPB can be summarised as follows: a) Regulate the creation, production, possession and distribution of films, games and certain publications by way of classification; b) Protect children from exposure to disturbing and harmful material and from premature exposure to adult material; and c) Render the use of children in, and exposure of children to pornography, a punishable offence. Key priorities over the next five years The FPB Council endorsed the following six key priorities as strategic priorities to influence the application of the strategy: a) Technology-driven content regulation; b) Public education (empower adults and protect children); c) Legislative review (technologically-neutral legislative regime); d) International and local partnerships (to ensure better regulation of the web) with renewed focus on local partnerships; e) Research, Compliance Monitoring and Monitoring and Evaluation to inform future priorities; and f) Resource mobilisation and the development of appropriate funding models. Values The FPB embraces the Batho Pele (People First) principles of government as the core values of the organisation. These are to be observed at all times and demonstrated by all employees in all their engagements with both internal and external stakeholders. The above principles are key determinants that are meant to enable effectiveness. The strategy will promote the following values: a) Accountability b) Human Dignity c) Social Justice d) Integrity e) Professionalism f) Innovation The FPB does not have a direct constitutional mandate as it is a classification body, a regulator, and a quasijudicial body, as it licenses, regulates, adjudicates and issues sanctions. However, the FPB carries out its work with due regard for the rights contained in the Constitution of the Republic of South Africa, which recognises and protects the rights of every citizen, thereby ensuring an open and democratic society. Of particular importance are the following provisions, i.e. Sections 16, 28, 32 and 36 of the Constitution of the Republic of South Africa and Act No. 108 of 1996, which stipulate that everyone has the right to freedom of expression. This includes freedom of the press and other media, artistic creativity and the freedom to receive or impart information or ideas, the right to have access to information, the right to human dignity, and the right to freedom of choice. Section 16 of the Constitution contains limitations to the right to freedom of speech, namely: propaganda for war; 8 FILM AND PUBLICATION BOARD

11 incitement of imminent violence; or advocacy of hatred that is based on race, ethnicity, gender or religion which constitutes incitement to cause harm. These limitations can be found in numerous pieces of legislation issued since 1994, notably in the Equality Act and, more specifically, the Films and Publications Act 16 of 1996, as amended. Section 28 of the Constitution guarantees that every child will be protected from any degradation, abuse, exposure to harmful materials or exposure to child pornography and that the child s best interests are of paramount importance in every matter concerning the child. Moreover, the FPB s work is aligned to Outcome 14 of the National Development Plan, which seeks to achieve social cohesion and nation building. As a sub-outcome, fostering constitutional values forms part of what the FPB does in schools with its key messaging regarding cyber safety, which outlines the right to privacy and integrity. Legislative Mandates It is important to locate the role of the FPB, as mandated through the Films and Publications Act of 1996, as amended, in the context of a draft of legislation that is relevant and related to the business of the FPB. This section outlines the following pieces of legislation that form part of the FPB s mandate: a) Constitution of the Republic of South Africa; b) Child Justice Act 75 of 2008; and c) Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (for example Sections 10 and 19 of the Criminal Law Act (2007) and Section 15 of the Child Justice Act (2008). The Protection of Personal Information Act (POPI) proclaims that the right to privacy includes a right to protection against the unlawful collection, retention, dissemination and use of personal information (POPI Act 4 of 2013). This Act has implications for the increasing incidences of online abuse, such as the socalled revenge porn, the distribution of explicit images of people without their consent and the distribution of cyber-bullying content, all of which manifest in multilayered victimisation. Taking action against such abuse is within the mandate of the FPB. The Electronic Communications Act of 2005, as amended, regulates electronic media particularly in the milieu of media convergence. The Prevention and Combating of Trafficking in Persons Act of 2013, is a pronouncement on the recruitment and exploitation of children in sex trafficking and in the production of pornography. As a credible content classifier, the FPB is responsible for executing activities and initiatives aimed at successfully monitoring the creation, production, distribution and possession of legal adult entertainment through the classification of the content of films, publications, and inter-active games. To ensure the objectives of the act are carried out successfully, the FPB is therefore responsible for developing policies, procedures and processes. In its pursuit of key outcomes and objectives, the FPB is further tasked with the protection of children and the empowerment of adults against exploitative and harmful material, and therefore plays a key leadership role in implementing anti-child pornography campaigns. The organisation operates in an environment that is largely influenced by rapid technological innovations in media communication channels and the proliferation of a variety of media platforms. One of the FPB s challenges is occasioned by noncompliance and limitations on the technology platforms, of which the content is regulated or due for regulation. A key programme of this strategy is the legislative review process, which will ultimately lead to an enhanced ANNUAL REPORT 2016/17 9

12 Strategic Overview (continued) legislative framework for the organisation. The legislative review will focus on empowering the FPB to institute penalties in the event of non-compliance. Further, it will ensure that the legislation itself and any technological advancement remain neutral, ensuring that the legislation remains relevant, despite changes in technology. Policy Mandates There is no policy mandate, as the FPB is an implementing entity for the Department of Communications (DoC). Situational analysis Council has continued to mirror the FPB s operations through seeking answerability on what value the FPB brings to South African society. This enquiry further sought accountability on the role and impact of the FPB on responsible citizenry, cyber-safe citizenry, and promotion of value systems through classification. As a source of authority in matters of classification and combating child exploitation, the institution has done extensive knowledge-gathering on current trends in the industry. This allows the implementation of necessary measures that will assist with the enactment of the institutional mandate. The FPB has taken great strides in responding to the new content distribution environment since the adoption of the current vision and mission by Council, as embodied in the current strategic plan. Furthermore, significant challenges over the past fiveyear period for the FPB include the following: a) Inadequate research and industry-specific expertise; b) Proliferation of content on various platforms (local and international) that are accessible to South African citizens, especially online, and an increase in illegal content; c) Cyber-safety as it relates to children and the regulation of new media and online platforms; d) Increased emphasis on governance and compliance; e) Diversification of funding sources to meet an expanding mandate; f) Buy-in of certain industry players to legislative review and amendments; and g) The absence of a monitoring and evaluation (M&E) system to monitor and measure the impact of the FPB, and the work it does. 10 FILM AND PUBLICATION BOARD

13 FPB s Organisational Environment In 2012, the FPB Council approved a turnaround strategy and proposed structure, as indicated below. Organisational Structure Appeals Tribunal Executive Authority Council Internal Audit CEO Council Secretary Chief Information Officer Chief Operating Officer Chief Financial Officer Shared Services Executive IT Legal & Regulatory Affairs SCM Research Policy & Advocacy Client Support & Admin Finance and Admin Communications & Public Education Operations Human Resources ANNUAL REPORT 2016/17 11

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15 ANNUAL REPORT 2016/17 13

16 MINISTER S FOREWORD Ms Ayanda Dlodlo This Annual Report is tabled before Parliament in terms of the Public Finance Management Act (PFMA Act No.1 of 1999). The Report provides an overview of the activities of the Film and Publication Board (FPB) in dispatching its content classification mandate over the period under review, 2016/17 financial year. The FPB is a statutory body entrusted with the classification of films, games and certain publications, in terms of the Films and Publications Act of 1996, as amended. The Act gives the FPB a mandate to protect children, which is the most fundamental objective of content classification. This means that any person who knowingly distributes or posts material on any website which contains a visual presentation or a description of child pornography, explicit violent sexual conduct, bestiality, explicit sexual conduct which degrades a person and which constitutes incitement to cause harm, and the explicit infliction of extreme violence which constitutes incitement to cause harm is guilty of an offense. The activities of the FPB gives expression to Sections 16 (2)(1) of the Bill of Rights, on the limitations of the right to freedom of expression as well as section 28 of the Constitution of the Republic of South Africa, which states that a child s best interests are paramount in every matter concerning a child. In addition to our laws, there are also international protocols, policies and legislation that we, as a country, must adhere to in relation to protecting children within the online environment. Towards this end, our government has a responsibility to make sure that the rights of children are protected. We must equip families with the knowledge and the information to help them to protect the rights of children in their care, so creating a safe environment where children can grow and reach their full potential. Content, therefore, must be classified in order to provide information and advice to parents and caregivers, so that they can supervise the viewing, gaming and reading choices of their children and those in their care. The core of the FPB s mandate is the endeavour to ensure that children are not exposed to pornography or used in child pornography, which is unlawful and criminal conduct in South Africa. During the year in review, the FPB celebrated its twentieth anniversary. This is a milestone that the Ministry and Government are proud of. We have seen the FPB grow in stature and relevance over the years. On governance matters, the Council of the FPB was fully constituted during the reporting period, and has complied with all its statutory obligations, which included submission of quarterly performance information and financial reports all completed on time. The term of the previous Appeal Tribunal came to an end in March 2016, and new members have since been appointed after Cabinet approval. I am pleased to announce that only two appeals were received against classification decisions in 2016/17. This shows the high level of maturity of our democracy and indeed, a greater convergence of the FPB s classification guidelines within globally accepted societal norms and values. It also shows that industry now understands and accepts the role of the FPB as a regulator of media content. The FPB s flagship campaigns during the 2016/17 financial year, included an extended cyber-safety campaign as well as the annual Back-to-School campaign. The cyber-safety campaign has culminated in the Web Rangers programme, which involves leaners as ambassadors for safe and smart Internet use. In line with the governing party s electorate mandate of fighting crime and combating corruption, the FPB has been instrumental in analysing content (images and videos) containing child pornography, which has led to the successful prosecution of some of those arrested. 14 FILM AND PUBLICATION BOARD

17 I therefore implore each and every citizen, in South Africa, and elsewhere in the world, to unite in our efforts to keep our children safe in the online environment and to play an active role in the protection of our children. For instance, FPB s work assisted the State in the successful prosecution and sentencing of Mr Warren Knoop, who was found guilty on thousands of charges relating to child pornography by the South Gauteng High Court. Mr Knoop was subsequently sentenced to an effective prison term of 32 life sentences plus 190 years. The FPB has also analysed a total of pieces of evidence and related material in a case that is underway in the Knysna Magistrate Court, in the Western Cape. The case involves another paedophile who has pleaded guilty to about charges of child pornography. It must be noted that the FPB operates in a rapidly changing environment where most entertainment content is now distributed online and can be accessed at the simple touch of a button. This proliferation of digital content presents a challenge not only to the FPB, but to society as a whole. We understand that there are many benefits for children accessing social media and the internet, including research for school projects, sharing information and downloading music or movies. However, there are also associated risks of children stumbling onto harmful online content including child pornography, as well as cyber-bullying. This problem is compounded by the fact that there are parents who do not have the technical expertise to monitor internet usage nor do they understand the high risks that are associated with unmonitored internet usage by children. every citizen, in South Africa, and elsewhere in the world, to unite in our efforts to keep our children safe in the online environment and to play an active role in the protection of our children. In conclusion, I would like to thank Deputy Minister Tandi Mahambehlala, to whom I have delated the responsibilities of the FPB, the Chairperson and the members of the Council for their commitment, constructive engagement and focus on leadership based on good corporate governance. I would also like to thank Parliament through its Oversight Committees, the Portfolio Committee on Communications and Select Committee on Labour Communication and Public Enterprises for their unwavering support and guidance in ensuring that the entity achieves its performance and financial targets. Thank you Ms Ayanda Dlodlo (MP) Minister of Communications Notwithstanding the above, like all human rights, the right to freedom of expression is also subject to limitations when content becomes illegal and harmful. It is therefore important to find the right balance between regulating online browsing and allowing children access to too much online consumption. This balance, when achieved, severely limits the chances of an unrestricted online environment where anyone has access and the ability to expose minors to harmful and damaging online content. The internet offers a measure of protection to these individuals - without the consequence of them being arrested and prosecuted for their unlawful acts. In addressing these issues, the FPB Amendment Bill is currently being deliberated upon by the Portfolio Committee, after which, it will be sent to the National Council of Provinces for further processing - after being approved by the National Assembly. As South Africa s former President, Dr Nelson Mandela once remarked: The true character of a society is revealed in how it treats its children. I therefore implore each and ANNUAL REPORT 2016/17 15

18 DEPUTY MINISTER S FOREWORD Ms Tandi Mahambehlala This report covers the operational and financial performance of the Film and Publication Board (FPB) during the 2016/17 financial year. The statutory mandate of the FPB is to ensure the protection of children and provide consumers advice by classifying films, games and certain publications. The Films and Publications Act of 1996, as amended, prohibits the exposure of pornographic content to children, and makes the exploitative use of children in pornographic publication, films, or on the internet a criminal offence punishable by law. Therefore, the overall objective of content classification is to ensure that parents and caregivers have adequate information to effectively supervise the viewing, gaming and reading choices of their children and those in their care. Numerous studies have shown that the effects of an extremely violent past still linger. As such, our society continues to be violent. Furthermore various studies indicate that our children are becoming desensitised to violent content, this stems from the fact that inappropriate media content is easily accessible. In addition, the proliferation of media platforms, particularly online platforms, increases the risk of children s exposure to harmful content, causing them untold and often irreversible mental and physical harm. It is, therefore, incumbent upon us all policy-makers, content producers, caregivers, and parents to be extra vigilant in the way we communicate. Parents should also take precautions to ensure that we know what content our children consume, at all times. We should ensure that we actively exercise parental control and guidance, if we are to succeed in efforts to provide a safe learning and entertainment environment for these most vulnerable members of our society. The FPB remains the only entity entrusted, through legislation, with the mandate to classify content, and thus deserves our collective support. As part of its mandate, the FPB is required to register and license content distributors, thus ensuring that there is a reliable database of content distributors. This in turn, makes it easy to hold accountable those found to be in breach of legislation or those who deliberately or otherwise, undermine efforts to build a socially cohesive nation. It is for this reason that the FPB conducts extensive outreach, public education and compliance monitoring activities. With heightened societal awareness of the FPB s mandate and cooperation, a number of perpetrators of violent acts against children, such as pedophiles, have been brought to book. The role of law enforcement agencies and the criminal justice system in this regard, should be lauded. In this year we have seen an unprecedented surge in violence against women and girl children in particular. We need to collectively join hands and arrest this moral decay in our society. We need to be forthright in our actions and refuse to turn a blind eye when we witness abuse. Let us heed the sage words of Oliver Reginald Tambo, The children of any nation are its future. A country, a movement and a person that does not value its youth and children does not deserve its future. Unfortunately, when we choose to keep quite in the face of abuse, we unwittingly become co-perpetrators and we inadvertently destroy the future. 16 FILM AND PUBLICATION BOARD

19 The FPB s cyber-safety and Back-to-School campaigns are its flagship initiatives which are directed at children and learners. It is my wish that civil society and corporate should partner with the FPB in these key initiatives, and lend financial support and other related resources, where appropriate. I also call upon parents and caregivers to take a keen interest in the work of the FPB and other similar initiatives aimed at the protection of children. Most importantly, our homes should be the place where children enjoy the ultimate safety. There has been a marked increase in the number of young children who either go missing and/or are killed by adults, often by relatives of such children. This is indicative of the tear in the social fabric of our society, which requires a collective, national effort to fight. Institutions seized with the mandate to protect children must also join forces in ensuring that we raise children to become mature and responsible adults and leaders. In conclusion, let me thank the Chairperson and the members of the Council for their sterling and consistent work in ensuring that the FPB meets its statutory obligations, and touches the lives of the most vulnerable members of society in a positive way. Though possibly considered insignificant in certain quarters of our society, the importance of the work done by the FPB cannot, and should not be underestimated. As the Department, we are also encouraged by the overall commitment to good governance. As former President Dr Nelson Rolihlahla Mandela, the founding father of our democratic nation, once stated: There can be no keener revelation of a society s soul than the way in which it treats its children. Let us continue equipping the nation with information to make informed choices. Outcome 14 of the National Development Plan 2030, which aptly focuses on nation-building and social cohesion. The FPB s work is sharply focused on this priority, which is directly linked to the Mandate of the Department of Communications. It is therefore the view of the Department that awareness-creation and direct activism around NDP Outcome 14 should permeate all facets of our society. Ms Tandi Mahambehllala (MP) Deputy Minister of Communications George Bernard Shaw, a 19th Century British Playwright and author, once wrote Make it a rule never to give a child a book you would not read yourself. This statement is very relevant even today, especially considering the rapid flow of information through the internet. The internet has revolutionised the way in which information is produced and communicated. With the click of a button, anyone can access millions of volumes of information from all across the world. Armed with this information, coupled with the relative ignorance and pliability of children s minds, pedophiles across the globe use creative ways to lure children into their dark world and then hurt them in the most brutal ways. This calls for extra vigilance in the home, playground and education institutions. The worst thing that adults and parents can do is to let young children explore the world though the internet and other digital forms of entertainment, such as films and games, without adequate supervision. Hence it is important not to expose children to things that you, as adults are not comfortable with. Even more so, things that you want to hide from others. Although the FPB operates in a complex and rapidly changing environment, it has consistently met its performance and financial targets, resulting in unqualified audits. This year is no exception, with 85% percent of performance targets reached, against the budget expenditure of over 96%. ANNUAL REPORT 2016/17 17

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22 Members of the Council Mrs T Mpumlwana Council Chairperson Mrs Mpumlwana is the Chairperson of the Council of the Film and Publication Board. She has served as a Commissioner of the Commission for Gender Equality,and in the last 7 years as its Deputy Chairperson. With education degrees from the University of South Africa and the University of Natal in Pietermaritzburg already to her credit, Thoko Mpumlwana was awarded an MA in the fields of Curriculum Development and Teacher Education by Michigan State University in the United States of America. Mrs Mpumlwana is one of the original commissioners of the Electoral Commission, which was established in Mrs Mpumlwana serves on several Boards, including those of the Independent Development Trust (IDT), the Foundation for Human Rights (FHR), the Women s Development Foundation (WDF), South African Women in Dialogue (SAWID) and the Council of the University of Pretoria. Mrs Mpumlwana worked at the Centre for Scientific Development at the Human Sciences Research Council. She has also been chair of the South African Council of Churches Women s Working Group. Ms S Mangena Council Deputy Chairperson Mrs Mangena hails from Limpopo province and has served on several committees in different organisations. She is a former Member of Parliament and has served on the Standing Committee on Public Accounts (SCOPA) from 2009 to Mangena has previously worked as an educator, Councillor and Member of the Limpopo Provincial Legislature. She is passionate about service delivery and public accountability; believes that the mandate of the FPB is very important; and aims to ensure that the mandate is communicated and reaches rural communities throughout the country. Mangena continues to serve the public in various capacities. Ms Y Makhasi Council Member Ms Makhasi is an activist beaurocrat who started her career in the public sector in She currently serves as a Head of Department for Community Safety in Gauteng Provincial Government. Her academic credentials include Masters Degree in Public Policy and Management from University of Manchester (UK); Bachelor of Arts Degree (majored in Economics and Public Administration) from Vista University (PE); and includes certificates mainly from Wits University & Gordon Business School (GIBS) on project management, leadership, financial management and government communications. Key roles in the past included Chief Operations Officer for Department of Public Enterprises; Chief Executive Officer for the Film and Publication Board, Chief Executive Officer for the National Youth Commission, Senior Manager: Department of Home Affairs as well as Youth Commissioner at national and provincial levels. She has also led a number of teams as well as presented on various national and international platforms and served on a number of Boards including SANPARKS, Eastern Cape Gambling Board, amongst others. 20 FILM AND PUBLICATION BOARD

23 Dr N Skeepers Council Member Dr Skeepers is a Governance, Risk and Compliance specialist consultant and motivational speaker and has a wide range of industry experience that stretches across the public and private sector, over the last 20 years. Natalie has held various senior and executive positions over the last decade. She also serves on several boards as a Non-executive Director. Natalie has a PhD in Engineering Management from the University of Johannesburg and has delivered several local and international peer-reviewed papers and has published her work in a few journals. She has a MSc in Health, Safety and Environment and a MPhil in HIV/ AIDS Management, as well as other risk and safety related qualifications. She is also a visiting lecturer/guest at the University of GIBS and the University of Johannesburg, respectively. She is affiliated and has membership with the American Society for Safety Society (ASSE, USA) as well as a chartered member (CMIOSH) with the Institute of Occupational Safety and Health, (IOSH, UK). She is also a certified Director with IODSA for the past 10 years. Mr M Ditlhake Council Member Matone Ditlhake is a resultsdriven entrepreneur with expertise in strategy, finance, operations and leadership and has held senior management roles at blue chip entities including BHP Billiton, Citibank, PricewaterhouseCoopers, Landis Gyr and Groupe SEB South Africa where he was appointed Finance Director and was subsequently nominated for the prestigious Chief Financial Officer (CFO) of the year award by CFO South Africa. He is a Co-Founder and Chief Executive Officer of Optic Comm Networks (Pty) Ltd, an infrastructure provider in the telecommunications industry. He currently serves on the boards of Ditsong Museums of South Africa, Film and Publication Board, Corridor Africa Technologies (Pty) Ltd, Badibana Africa Civils (Pty) Ltd and previously the Nelson Mandela Museum. Mr Ditlhake holds the following qualifications: Bcom Accounting, Bcom (Hons) Accounting and Executive Development Programme from the UNISA School of Business. Adv L Nevondwe Council Member Re-appointed to the Council, Adv Nevondwe has received numerous awards in research, law and academic fields. He is a recognised scholar who has published a number of papers in the academic sphere locally and abroad, and has outstanding leadership skills. He previously served on the Finance, Operations and ICT, as well as the Audit and Risk Committees at the FPB. Adv Nevondwe has served in different committees in both the public and private sectors, and is passionate about corporate governance. He is an Advocate of the High Court of South Africa and is currently a doctoral candidate (Doctor of Laws) at the North West University. ANNUAL REPORT 2016/17 21

24 Members of the Council (continued) Adv A Mudunungu Council Member A practising Advocate of the High Court of South Africa, Adv Mudunungu is a former State Prosecutor and has worked for municipalities in Limpopo, in which he gained vast experience in facilitating a culture of offering good public service and accountability to the local community. He has also served as a Councillor in the Vhembe District Municipality and as Acting Municipal Manager of the Ba- Phalaborwa Municipal Council, where he received numerous awards for his capacity to develop the local community. Adv Mudunungu currently runs his own legal practice and is passionate about service delivery, good governance and justice. Ms M Dubazana Council Member Nobuntu BusaBuntu Dubazana is the creative founder of disruptive media company, BusaBuntu Pictures (Pty) Ltd. and NPO, The BusaBuntu Foundation. She uses a diverse set of creative skills to develop stories and socially impactful platforms that share and connect with multi-cultural audiences, innovate the processes and outcomes of storytelling and make the seemingly impossible visibly possible. With over 23 years of storytelling and communications experience, her recent (2014) Master in Arts: Filmmaking and The Creative Economy (Majors: Entrepreneurship, Communications, Disruption and Filmmaking) served her continued thirst for new knowledge and also endowed her with highly competitive skills for the thriving creative industries. Her recent (2015) appointment as a Council Member of the Film and Publication Board of South Africa has also given her the opportunity to hone her skills in youth development and given her a space in which she is able to serve, inform and empower young people and vulnerable viewers around the matters of content creation and content regulation. Ms N Mhlakaza Council Member Ms Mhlakaza, lives in Johannesburg and holds a National Diploma in Human Resources Management (Technikon Northern Gauteng); BTech in Human Resources Management (Tshwane University of Technology); Leadership Development Course and an Advanced Leadership Development Course. She is a former Senior Manager in the office of the Chairperson of the National Youth Development Agency. She has experience in human resource management including industrial relations, workplace skills development plans, staff training and the design and development of training materials. She is a passionate community activist who has served in various boards and university councils and she currently works with the youth and women in her community. She has vast experience in both the public and private sectors as an HR practitioner and she is looking forward to contributing positively to the FPB family. 22 FILM AND PUBLICATION BOARD

25 Executive Committee 2016 / 2017 Mr T P Wakashe Chief Executive Officer Mr R Gouws Chief Financial Officer Mr S Risiba Chief Operations Officer Ms L Phahla Chief Information Officer Ms P Kadi Shared Services Executive Mr T Mokutu Council Secretary ANNUAL REPORT 2016/17 23

26 CHAIRPERSON S FOREWORD Mrs Thoko Mpumlwana As part of the 20 years of content classification in South Africa, the FPB embarked on a scenario planning initiative. This process provided insights into the strategic direction of the FPB and defined its path for the next 20 years. With this legacy, the FPB is obligated to provide a greater perspective insofar as content classification and technological advances are concerned. Through scenario planning, the FPB concluded that in no uncertain terms the future of the FPB is parallel to rapid technological growth and associated industries. These observations highlighted the relevance and need for the FPB s existence to continuously seek the application of a significant and current policy command. In the past two financial years, the FPB has been busy with the process of amendments to the founding Act, which has culminated in the Films and Publications Amendment Bill. The Bill is currently before the Portfolio Committee of Communications for further processing. I must add that a lot of progress has been made since the commencement of the process three years ago. It is also pleasing to note that industry has now accepted the revised Bill following a process of extensive consultations. The Portfolio Committee is happy with the Bill, approved by Cabinet in 2015, and is working extremely hard to finalise it. The Committee s own public consultation process garnered a large number of responses, most of which were positive. The increase in access to mobile devices, as well as internet connectivity, mostly through free WiFi, has seen a proliferation of inappropriate behaviour such as cyber-bullying, child abusive images, identity theft and cyber-racism. The latter, alongside the exposure of children to, and their use in pornography and child abusive materials, is particularly worrying. Both trends are increasing at alarming rates, and the situation is exacerbated by the lack of adequate parental supervision and guidance. The FPB recently witnessed a video of an underage child performing upsetting adult acts on herself, which went viral. What is most shocking is the fact that adults share this kind of content with each other without a care about the impact that such acts and materials have on child victims. I want to stress that children are victims of adult actions, and such children should be supported by all means possible, instead of them being judged. We therefore require the understanding and co-operation of all members of our respective communities, parents, educators, civil society and law enforcement agencies to effectively protect our children. Where possible, industry and internet service providers 24 FILM AND PUBLICATION BOARD

27 Our mandate entails classification, provision of consumer advice and compliance monitoring, and through these, we seek to provide full information to parents and caregivers, so that they can adequately protect children in their care. should implement filters and blocking mechanisms to prevent children from being exposed to inappropriate content. Similarly, we call upon law enforcement agencies to be ruthless when isolating, punishing and correcting those who persist in using social media to perpetuate child abusive, sexual, gender and racial-based prejudices. The core of the FPB s legislated mandate is to protect children through the regulation of the distribution of all content (films, games and certain publications) across all platforms. I can, therefore, not overemphasise the need for partnerships in implementing our mandate. As the FPB, we continually strive to balance the conflicting constitutional rights contained in the Bill of Rights against the rights of, and need to protect, children. Balancing socio-economic, commercial and artistic rights remains an ongoing imperative. We recognise the rights of industry to free economic activity, as well as the rights of artists to earn a livelihood. However, we call on all concerned parties to recognise the fact that children are the most precious, yet weakest members of our society, worthy of our protection. I would like to thank the Minister and Deputy Minister for their continued support and guidance. Finally, I would like to thank Council members for their commitment as well as the Appeal Tribunal, staff and management of the FPB for their ongoing dedication and support of all initiatives put in place to fully achieve our mandate. Mrs Thoko Mpumlwana Council Chairperson Our mandate entails classification, provision of consumer advice and compliance monitoring, and through these, we seek to provide full information to parents and caregivers, so that they can adequately protect children in their care. In conclusion, I am confident that the FPB continues to make an impact in the lives of ordinary South Africans. We have made great strides in ensuring that content classification is recognised as a necessary intervention towards nation-building and fostering social cohesion, especially as it pertains to the protection of children. Indeed, as a society we still have a long way to go, but the gradual understanding and acceptance of the FPB s mandate by key sections of society is paramount. ANNUAL REPORT 2016/17 25

28 L ACTING CHIEF EXECUTIVE OFFICER S FOREWORD Mr Mmbere Dzebu The FPB has had to navigate the constant changes of the content distribution market while ensuring effective fulfilment of our mandate. The entry of several new players in the online content distribution market has emboldened our efforts in ensuring that there is legislative certainty on how best to regulate this segment of the market in the public interest. A great deal of focus has been placed on ensuring that the amendments to the Films and Publications Act are considered by the legislature. The advent of online distribution platforms has necessitated a need to amend the Films and Publications Act (FP Act) to be technologically neutral and make certain technical amendments required in the legislation. The Films and Publications Amendment Bill, 2015 (Bill) has been brought about as a result of the need for a comprehensive and fundamental transformation of online content regulation. For the first time, industry, civil society and the FPB will join together to share the costs and responsibility for digital content classification and compliance monitoring to ensure that children are protected from exposure to disturbing and harmful content. We commenced the review process in 2013, where legislative review research was conducted. A draft Bill was submitted to the Executive Authority for approval and consideration. The Ministry of Communications formally tabled the Bill before Parliament in The Portfolio Committee of Communications has conducted public consultations and has deliberated extensively on the proposed amendments. The robust discussions of the Amendment Bill, and its support by the Portfolio Committee is a huge step in the right direction, and assurance that we have champions for our mandate. South African society is maturing at a satisfactory rate, which augurs well for our democracy, and the FPB has been strengthening its role within our modern-day, technology-driven society with its improved systems and processes. Through our partnerships with the Ministry, entities within the Ministry of Communications and civil society, we believe that we will continue to touch the hearts and minds of South Africans. It is the hope of the FPB that the Parliamentary process can be concluded for South Africans to benefit from improved legislative and regulatory certainty on regulation of online and digital platforms. Mr Mmbere Dzebu Chief Executive Officer (Acting) 26 FILM AND PUBLICATION BOARD

29 ANNUAL REPORT 2016/17 27

30 Overview of FPB s Performance During the reporting period, the FPB has implemented the critical online regulation infrastructure, which is being rolled out. We continue to engage online distributors to ensure that they register on our database as part of our continued regulation efforts. The conclusion of partnership agreements with like-minded entities within the child protection sphere, government departments and entities, as well as institutions of higher learning is a critical component of the FPB operations. Pioneering research was completed into our tariff and funding model, for which we have commissioned the University of Pretoria to undertake. The new financial model is going to revolutionise our income-generation initiatives. In October 2016, we launched a one-year certificate course in classification in conjunction with the University of South Africa (UNISA). The course is a culmination of initiatives aimed at formalising and standardising the training of classifiers across all industries. It is also part of a collective effort to establish a uniform classification system. I am pleased to announce that the initial intake was satisfactory, and also included no less than 10 candidates from the Kenyan Classification Authority. As alluded to above, the Amendment Bill is being processed by the Portfolio Committee on Communications. Durban Office Decentralisation Project We have successfully implemented a pilot project to decentralise the administration function, and the classification of content in our Durban regional office. The pilot project was initiated to respond to the needs of distributors that included access to FPB offices for submission of content for classification, as well as submitting applications for registrations and renewals. The pilot is scheduled for a period of 12 months which started on 1 October 2016 and is due to end on 30 September The decentralisation project was an outcome of the quarterly distributor engagement sessions held with KwaZulu-Natal distributors during the 2015/16 financial year, where concerns were raised regarding the inaccessibility of the FPB offices within the region. The high courier/postage costs, the risk of material being lost in transit, and the delays experienced as a result of having to courier or post from KwaZulu-Natal to the central headoffice in Gauteng was negatively affecting the niche market of Bollywood and Nollywood film distributors which make up small to medium size businesses. The consumption of this type of genre is immense in the region, and the frequency of these blockbuster releases is very short, and therefore the classification turnaround times created an opportunity for the piracy market to thrive 28 FILM AND PUBLICATION BOARD

31 internet abuse refers to improper use of the internet and may include: Computer crime and use of computers in criminal activity. which has negatively affected business for legitimate film distributors. Nine classifiers based around Durban were appointed for the pilot on a 12-month contract. Another great stride for the FPB and industry relations was made when the FPB managed to secure an agreement with management of Cine Centre cinemas at Sun-Coast to gain access to their premises for the purposes of classifying Bollywood Theatrical content. A mid-term analysis of the pilot project, since its implementation, indicates a significant increase in the number of films submitted for classification in the region and enhanced turnaround times. The project has further improved relations with industry in the region and there is co-operation and greater compliance. This pilot project, therefore, is a potential milestone for the FPB s endeavours to continuously improve regulation of content in South Africa. Review of Classification Guidelines for 2012 The FP Act requires that all films, games and certain publications be classified by the FPB using the classification guidelines prior to the distribution and exhibition thereof. ANNUAL REPORT 2016/17 29

32 Overview of FPB s Performance (continued) This is done by the classification committees appointed by the FPB in terms of the provisions of the FP Act, using the classification guidelines as a governing document. Previously, the classification guidelines were reviewed every two years and revised when deemed necessary. However, the FPB Council took the view that two years was not a sufficient period to measure changes in societal norms, values and tolerance levels, as these change over long periods of time and are influenced by a variety of environmental factors. In light of this, in 2013 the Council resolved to extend the period of review from two, to five years. As the current classification guidelines were last reviewed and approved in October 2012, 2017 will be the year for a review of the classification guidelines and this will be completed by the end of the financial year. The review process will include desktop research, consumer and industry qualitative and quantitative research, and public consultation, as well as the production and publication of the first draft to be published for public comment and input. These inputs will be consolidated into a final draft which will be presented to Council for consideration and final approval. Once the final document has been approved by Council, it will be published in the Government Gazette. Following this, the FPB will proceed to train its own, and industry classifiers on the revised guidelines to ensure that the outcome of the guidelines review, and quality of classification, continues to meet the South African standards and norms to keep our children safe. Classification The FPB achieves its mandate of protecting children and sensitive viewers through classification of content. The classification process provides consumer advice through age ratings and other consumer advisories, enabling adults to make informed viewing, reading and gaming choices. The classification of content is guided by classification guidelines and classification committees who view material submitted and who provide relevant classification decisions. Classification decisions must consider the context, impact and the release format of material. Context factors considered: (a) The expectations of the public in general and the target market of the material (b) The theme of the material (c) The manner in which an issue is presented (d) The literary, artistic, dramatic or educational merit of the film or game; and (e) The apparent intention of the film-maker, as reflected in its effect The triangle with the age restriction and or other restrictions are meant to advise the public and potential consumers of the nature of the content of the product so that they may make an informed decision as to whether they want to watch or use the product and whether or not it is suitable for individuals in their households or persons under their care to be exposed to a particular product. During the 2016/2017 financial year, legible titles were submitted and classified by the FPB. Industry Compliance The FPB membership to INHOPE (International Association of Internet Hotlines) is still active, with our online content monitors certified by the association as Internet Content Analysts. Internet Content Analysts ensure that all content is analysed with the necessary reports made when child sexual abuse material is discovered. As a member of INHOPE, we are required to provide regular reports to this effect. The FPB has entered into individual online distribution agreements, as part of ensuring compliance to the FP Act for distributors wishing to distribute films and games online. In the year under review, the FPB has entered into six Online Distribution Agreements, a significant increase when compared to the previous year. The online agreements assist the FPB to co-regulate the massive content which empowers consumers to have parental control settings with regards to applicable age restrictions. This means that parents are able to filter content based on the age issued on the meta-data of films and games. Without these agreements, we would not have the FPB age ratings on films for the South African market. It also enables industry players to have control as to when they can upload, and rotate without submitting content to FPB for classification, by following the classification guidelines of the FPB using their inhouse classifiers instead. The FPB continuously monitors and subjects the classification of sampled reports to quality assurance control and subsequently takes the necessary steps in addressing any discrepancies. 30 FILM AND PUBLICATION BOARD

33 Online Compliance Monitoring The advent of online content distribution has meant that the FPB has had to put in-place mechanisms to ensure effective monitoring of online content distribution within the South African market. The online monitoring subunit ensures that online distributors are compliant with the FP Act. The sub-unit fulfils its objectives through online inspections and monitoring compliance to specific license conditions as stipulated by the FPB. A total of online inspections were conducted by the team, with 960 verifications and 781 social network platforms inspections conducted. Physical Compliance Monitoring The physical compliance monitoring function focuses primarily on the compliance of distributors who distribute content using more traditional distribution platforms such as DVD and cinema. The FPB has three regional teams that operate from Gauteng, KwaZulu-Natal and the Western Cape, who conduct regular inspections and raids, in conjunction with law enforcement agencies, throughout the country. A total of inspections were conducted on distributors that are currently registered with the FPB, and a further 989 inspections of Internet Service Providers were made. As part of the daily compliance monitoring activities, a total of unregistered formal distributors were identified which resulted in 447 new registrations. The FPB also conducted 80 raids in conjunction with law enforcement agencies resulting in the confiscation and destruction of discs with a street value of R Child Protection The Child Protection Unit plays a significant role in ensuring that the FPB mandate is fulfilled. The unit received and analysed public complaints and referrals from law enforcement agencies on sexual abuse material. Reports generated from the analysis were often used as evidence in court during child pornography cases. In one of the cases where the FPB verified sexual abuse images for a child pornography case, the accused was sentenced to 32 life sentences, plus 190 years behind bars. The FPB received 22 cases that were referred by law enforcement agencies for analysis with approximately images. From the cases analysed, 12 cases were confirmed to contain child pornography content, namely images and videos. The cases were referred from the Western Cape, Gauteng and Limpopo provinces. A total of reports were received through the Pro-Child website which resulted in 59 reports being escalated to INHOPE to be distributed to the relevant countries where the content is hosted. The rest of the reports were considered not to contain child pornography by the FPB Online Monitors and the Child Protection unit. Through raids and law enforcement activities, the FPB has assisted the SAPS with the enforcement of the provisions of the FP Act by conducting content analysis of material confiscated by SAPS. FPB officers were required to confirm the format of material confiscated, determine whether the material has been classified by FPB and more importantly, identify whether material has potential to contain child pornography images. As a result of joint raids with law enforcement agencies, a total of 110 cases were referred to the FPB regional offices for analysis and this resulted in discs being analysed on behalf of the various law enforcement agencies. In 19 court cases which were heard in Gauteng and KwaZulu-Natal provinces, the FPB was called to appear as an expert witness. These cases were largely linked to contravention of the FP Act insofar as the distribution of unclassified materials. Information and Communication Technology (ICT) The FPB is moving towards an improved and more innovative computing environment that will improve organisational efficiency. In 2016/2017 the FPB embarked on the implementation of the modernisation programme that involved the automation of business processes, integration of systems and implementation of the Online Content Regulation (OCR) system. The objective of the business automation system is to reduce the manual processes that usually result in backlogs which negatively affects the efficiency of the organisation and to eliminate duplication of functions across business units. The Systems Integration project objective is to ensure seamless integration of various IT systems used in the organisation and to improve the organisation s efficiency through rapid exchange of information between systems, in order to process material received from stakeholders in the quickest possible time. ANNUAL REPORT 2016/17 31

34 Overview of FPB s Performance (continued) In 2017/18, the FPB will officially launch the OCR system and will start classifying content distributed online. This is yet another milestone for the FPB s operations and a true test for a call for the online content regulation regime. Research The partnership between the University of South Africa (UNISA) and the FPB, a first for the FPB, and for South Africa, saw the launch of the Classification of Media Content course. The course is designed to provide a professional qualification for individuals interested in classifying content in South Africa. This is located within the College of Economic and Management Sciences faculty and the College of Law faculty at UNISA. Internationally, there are no accredited courses in classification of content, and South Africa is the first country to implement this. The initiative will, therefore, professionalise the industry and stimulate job creation, and will also formalise the sector. The learning programme will develop and institutionalise the current educational requirements for qualified examiners and content classifiers employed by the FPB. Additionally, other public and private sector institutions that employ examiners and content classifiers will be able to engage personnel who have qualified through formal academic study. Based on the FPB s publication, Learner Guide, The Road to Effective Classification the FPB has identified the need for the development of a learning programme addressing the effective classification of material submitted. This educational tool has brought the FPB considerably closer to fulfilling a much-needed role within the education sector. Convergence Surveys A national convergence survey, involving participants from across the country was conducted to inform policy making and regulation. The sampling method used was a purposive random sampling, generating data for a statistical analysis of the levels of convergence between the general public and the FPB s classification ratings. The research covered participants from across the demographic spectrum of South Africa, spanning urban, peri-urban and rural areas, different socio-economic strata including racial, sex and educational categories. The survey findings have demonstrated overwhelming convergence levels between the FPB s ratings and the general social norms in South Africa. More than 80% of the participants agreed that the FPB s classification information covers all harmful content. Another 80% agreed that the information provided by the FPB is sufficient to inform the public. Most of the adults (81%) and children (70%) agreed that they understood the FPB s classification information. The public does, however, feel that the FPB can do better to increase public awareness of its work, and the importance of its classification ratings. A number of the findings from the survey were of great interest and confirmed the research that the FPB carried out in collaboration with UNISA in the previous financial year. The outcome highlighted the concern that parents have expressed regarding their children s exposure to sexual and violent content. What was of particular interest is that sexual content is rated higher than violence as an issue of concern. This is despite the fact that many more films contain violent content vis-à-vis sexual content. In a country where violence is so prevalent, this is a matter of concern for the FPB and other policy makers. Focus Group Programme This programme was introduced and is in its second year. It involves schools in the Eastern Cape, Gauteng, KwaZulu-Natal and North West provinces. Premised on the observation that cyber-safety cannot be achieved without involving the parents, the programme engaged learners and educators, and carried out separate focus group discussions with parents. Our approach involved partnerships with communitybased organisations to help the FPB s message gain traction within communities, and also to widen the FPB footprint. To this end the FPB engaged the Strong Families Foundation in Cator Ridge, Durban, in the KwaZulu-Natal province. Made up of church leaders, child and community activists, the Strong Families Foundation continues to be a great asset in helping spread the cyber-safety messaging of the FPB through a range of platforms that the foundation touches within the province. A similar partnership has been created in King Williams Town, in the Eastern Cape province. Here, the FPB has partnered with the Steve Biko Centre which was formed in remembrance of the struggle stalwart and founder 32 FILM AND PUBLICATION BOARD

35 of the Black Consciousness Movement, Steve Bantu Biko. The centre attracts thousands of learners from schools around the Eastern Cape, and hosts a range of important youth programmes Communications, Public Education and Outreach Programmes The FPB Communications Strategy is based on improving the FPB brand by delivering high visibility and high impact campaigns. In order to achieve the objectives of the strategy, we have embarked on a multi-unit approach to ensure that high visibility is achieved by South African society, while strengthening and building meaningful relationships with the media. Through the multi-unit approach, we are able to reach parents, educators, learners and industry in communities, and educate them about the mandate of the FPB. With internet access so easily accessible, there has been an increase of user-generated content being circulated online. This alone raises the importance of educating the public about the mandate of the FPB and how it affects them. Parents and educators need to be empowered to ensure that they can monitor their children s online activities. The FPB schools outreach campaigns were very successful, and the team engaged learners and educators in various platforms including career expos, RCL (Representative Council for Learners) Youth Summit Camps, youth camps and youth dialogues. The Safer Internet Day Committee in South Africa is chaired by the FPB and there are over 100 countries worldwide who observe Safer Internet Day (SID). SID is celebrated worldwide on the second Tuesday of the second month annually. The day was celebrated in Mafikeng with 120 learners, 20 parents and teachers. The theme for the day was Be the change: Unite for a better Internet. The day concluded with a walkathon where learners, parents and educators pledged to change their online behavior for a better internet. The event was successful, thanks to FPB stakeholders who participated on the day, foremost among these were the Hawks, Facebook, UNISA, the Department of Telecommunications and Postal Services, Google SA, and Media Monitoring Africa. To remain highly visible and to effectively leverage partnerships, the FPB continues to support the Minister and Deputy Minster in their imbizos and career expos to strengthen the Department of Communication brand and that of its entities. The imbizos and career expos assist the FPB to reach out to the vulnerable rural communities. In Gauteng, the FPB partnered with Media Monitoring Africa and Google South Africa on an exciting programme, called Web Rangers. More than 120 participants were involved in the programme. Through the popular social networking sites, the FPB found that young people are exposed to pornographic and other inappropriate media content. In the literature review conducted for the study, it was found that mobile phones are the primary source of Internet access, particularly when accessing social media networks. While both parents, educators and learners have applauded the ease of accessing information for school assignments and the facilitation of group chats based on school subjects, there are major concerns regarding the easy dissemination of inappropriate content via social networks. ANNUAL REPORT 2016/17 33

36 Overview of FPB s Performance (continued) Workshops and Engagements* Conducted Stakeholders Engaged Engagement Number Number of Parents Number of Educators 885 Number of Schools 98 Number of Learners Number of Workshops 34 Distributor Workshops 8 In-cinema Workshops 9 * These engagements were conducted in all nine provinces Media Relations The FPB is constantly improving its media relations, to foster positive media interactions, Towards this end, four media engagements were hosted in Cape Town, Durban and Johannesburg, ensuring that the media is continually informed and updated on developments within the industry. As part of celebrating 20 years of protecting young minds, the FPB has launched a print series of riveting images to raise awareness about child exploitation through content negligence and the implications thereof. The images and campaign is a call to action for the public to make informed choices when it comes to the content that they and their families are consuming. It is an appeal to the public to adhere to content regulation guidelines set out by the FPB in order to protect young minds. The photo series was shot by world renowned photographer, Sacha Waldman from Infidels. Sacha is best known for a signature style that combines elegance with meticulously controlled texture and palette, he possesses a rare ability to convert raw ideas into compelling, exquisitely crafted imagery. Media Coverage Advertising R Circulation Number of Clips FILM AND PUBLICATION BOARD

37 Social Media The FPB s social media campaigns have continued to be at the heart of driving messages about the FPB and getting people to engage on our social media platforms. Social media campaigns were created allowing for a multitude of engagements on our social media platforms. Of note was the 16 Days of Activism against the abuse of women and children campaign that obtained the most interaction and engagement. in March The festival was also attended by the Duke Ellington School of the Arts learners as part of their cultural exchange visit to South Africa. In addition, the FPB partnered with Media Monitoring Africa and Google SA to run a year long peer-topeer programme with learners from 13 schools in the Gauteng province. The Web Rangers project gives the participating learners cyber-safety skills through digital campaigns that they had to develop. Two outstanding Social Media Platform % Annual Increase Page Fan Stats Facebook 17.9% Increase 5 476, increased to Twitter 15.1% Increase 2 360, increased to Strategic Partnerships With an increase of internet access and the introduction of various new platforms to distribute content online, it is clear that more can be done to intensify our efforts of raising awareness on mandate related issues, namely, cyber-safety, content regulation and child pornography. The FPB takes a great measure of pride in the longterm relationships created with stakeholders such as the Durban International Film Festival (DIFF), Google SA, and Media Monitoring Africa. The DIFF has, over the years, given the FPB an opportunity to engage with key strategic role-players within the South African film industry, while assisting us in raising awareness of content regulation to both established and new filmmakers. The FPB appreciates being given the opportunity to be part of the DIFF schools programme as it provides impoverished youth with the cinema experience, while giving them insights into careers within the film industry. The school programme was attended by learners from different schools in the KwaZulu- Natal area. Other film-marker platforms used to engage the industry included DISCOP Africa, where international content creators were informed about content regulation in SA. The FPB also participated in the International Association of Women in Radio and Television (AWRT) panel discussion, focussing on women in media. We are committed to the development of the SA film industry, and, as a result, have received the support of filmmakers through the joint screening of their work. The opportunity to partner with the National School of the Arts during the Festival of Fame forms part of the FPB plan to introduce content regulation awareness to film schools. The partnership enabled the FPB to engage with learners who attended the festival learners were rewarded with a trip to visit the Google Headquarters in San Francisco. This was an experience of a lifetime, and an opportunity to gain exclusive knowledge, technological and global insights towards innovations being made in the online space. The Web Rangers programme is now an annual campaign that allows FPB to continue to partner with the private sector in raising cyber-safety awareness among South African learners. The campaign gives companies such as Google SA and Media Monitoring Africa the opportunity to engage learners on the safety tools available to children when accessing the internet. Through the relationship with Google SA, the FPB was also invited to attend the Africa Social Impact Summit in Kenya. During the summit, the FPB gave a presentation focussing on the online content regulation policy and the legislation review process. The invitation to attend the Web Rangers summit in San Francisco and the Africa Social Impact summit indicate the strategic role the FPB holds in terms of content regulation and child protection. The FPB continued with the implementation of the Memorandum of Understanding (MoU) with the Kenyan Film Classification Board (KFCB). This has culminated in a knowledge-sharing exercise where the KFCB embarked on a study tour to the FPB. The study tour shared insights with the KFCB staff members on the operations and the stakeholders of the FPB. Other African countries that participated included Namibia and Ghana. The FPB continues to work with organisations such as Childline SA, Child Welfare SA and the South African Police Services to advance collaborations towards protecting children in South Africa. ANNUAL REPORT 2016/17 35

38 Overview of FPB s Performance (continued) Levels of Classification Submissions A total of titles were submitted for classification with 98.4% of these classified within the 10 working-day turn-around time. From the titles that were submitted, 62 were rejected because of non-compliance. The majority of submissions were received from Johannesburg, with Durban seeing a steady increase, after the decentralisation of classification of the Durban regional office. Table 1: Number of submissions per region REGION QUARTER 1 QUARTER 2 QUARTER 3 QUARTER 4 TOTAL Johannesburg Durban Cape Town Polokwane International Online (self-service) TOTALS Types of Content Submitted for Classification Films produced internationally continue to form a large portion of material submitted for classification. International titles accounted for of the titles submitted. South African or local content came in second, with a total of 175, Bollywood (Indian) films came in third, with classified content totalling 76, and Nollywood (Nigerian) films, with the least classified content, amounting to 13 titles. Table 2: Total classified material per genre GENRE QUARTER 1 QUARTER 2 QUARTER 3 QUARTER 4 TOTAL General Exemptions Erotica Theatre (feature) Theatre (trailer) Online Films Online Games Manual Games Publications Film Festivals Rejected material TOTALS FILM AND PUBLICATION BOARD

39 Distributor Registrations / Renewals The total number of applications received for registration and for renewals was 2 477; a total of 274 were rejected as they did not meet the requirements in terms of the FPB regulations. A total of registrations and renewals were processed. Gauteng has the highest number of distributors at in the financial year, followed closely by KwaZulu-Natal and the Western Cape. Table 3: Number of submissions per region PROVINCE QUARTER 1 QUARTER 2 QUARTER 3 QUARTER 4 TOTAL Eastern Cape Free State Gauteng KwaZulu-Natal Limpopo Mpumalanga Western Cape North West Northern Cape International TOTALS ANNUAL REPORT 2016/17 37

40 SECTION Governance4 38 FILM AND PUBLICATION BOARD

41 Governance Introduction The FPB, being a statutory entity that has a mandate to regulate the creation, production and distribution of media content, operates under a very rigorous regulatory and compliance regime. FPB has a very robust governance framework and controls this environment, borne from the extensive Charters, terms of reference and policies that guide our operations, and how we manage our resources. In addition, all governance structures operate on the basis of codes of conduct and ethics which ensure all members act in the best interests of the organisation, and potential conflicts of interest are managed. To that end, I can safely declare that the FPB s controls are effective and are largely complied with. Furthermore, all governance structures are fully constituted and operate within the existing legal and regulatory prescripts. This has in turn resulted in a stable operating environment, which is translated into the achievement of performance targets well above 80% and a budget expenditure of 95%. Council and Committees The FPB s Council was established in terms of section 3(1) of the Act and is the Accounting Authority in terms of section 49(1) and (2)(a) of the Public Finance Management Act. The Council reports on the FPB s performance to the Executive Authority in terms of section 4A(1) of the Act. Council and its committees are fully effective in carrying out their work. A new Appeal Tribunal was also appointed by the Minister of Communications during the 2016/2017 financial year and members have started their work in earnest. Institutional Governance The following is a brief outline following the activities of Council and its committees for the current reporting year, 2016/2017. Council Council is fully constituted and has continued to do its work diligently. Its relationship with the Ministry and Parliament has remained cordial, and reporting has been strictly in line with legislation and applicable National Treasury Regulations. Audit and Risk Committee The Audit and Risk Committee continues to play a pivotal role in ensuring general compliance with financial regulations and governance obligations. The Committee continues to be thorough and rigorous in ensuring that it adheres to sound financial controls and in the mitigation of risks. The in-house internal audit unit has gained momentum, and the process to gradually do away with the co-sourced model, with limited financial auditing, is ongoing. Council has continued to receive assurance that FPB is compliant with the provisions of the Public Finance Management Act, and to that end, quarterly compliance reports have been confirmed as accurate and meeting all regulatory requirements by National Treasury. Chairpersons Committee This Committee, comprising Chairpersons of all Council Committees, has the responsibility of attending to urgent corporate governance matters in-between Council meetings. The Committee s focus is mainly on monitoring strategy implementation and compliance with the Code of Ethics. During the year under review, the Committee held four quarterly meetings and three special meetings. Finance Committee The Finance Committee is one of the most important Council Committees as it ensures that the organisation is financially sound. The robustness of the Committee in scrutinising financial statements and ensuring accurate financial reporting remains one of the key pillars of FPB s success and financial sustainability. During the year under review, the Finance Committee held four quarterly meetings and two joint meetings with the Audit and Risk Committee in line with the Annual Council Schedule. The joint meetings considered the Annual Financial Statements, Annual Performance Information Report, and the Auditor General s Management Report. Human Resources (HR) and Remuneration Committee The HR and Remuneration Committee is primarily responsible for monitoring the human capital management policies and all related aspects of organisational capacity, including training and remuneration. During the reporting period, the Committee held all four scheduled meetings. The Committee has continuously reviewed policies to ensure compliance and alignment with relevant legislation and the national policy framework. Operations and Information Communications Technology (ICT) The Operations and ICT Committee is responsible for overseeing all aspects of the organisation s strategic operations, which include classification, distributor registrations, compliance monitoring, child protection, communications, research, ICT governance, as well as stakeholder relations. During the period under review the Committee oversaw the review of the tariff model as well as the development and launch of the classification course with UNISA. ANNUAL REPORT 2016/17 39

42 Governance (continued) Political Mandate and Reporting The FPB reports to the Minister of Communications as its Executive Authority, as well as to Parliament as the ultimate oversight body. The joint community outreach and awareness campaigns with the Department of Communications (DoC) and all its entities provide muchneeded access to communities, parents and other relevant stakeholders throughout our country. All governance structures, which include Council, its committees, as well as the Audit and Risk Committee, are in good standing. The Appeal Tribunal is in place and is fully constituted. All Council members have filed their declarations of interests within the stipulated time, in compliance with the PFMA and Public Service Act of 1994, as amended. Council members have been remunerated based on National Treasury Guidelines. An up-to-date Policy Register covering all aspects of the FPB s operations has been maintained, and all policies have been duly reviewed and revised where necessary. A number of new policies have also been adopted. The Council Charter, Code of Conduct and Ethics, as well as Terms of Reference for committees, were reviewed and updated. The Governance Agreement with the Executive Authority was also reviewed and adopted for the year under review. The FPB s governance instruments are therefore up-todate and valid. It can also be confirmed that the FPB is in a state of good financial health, and therefore remains a going concern. The FPB Council Meetings Council and Committee meetings were held as follows: Special Meetings/Workshops 07 September 2016 (Strategy Planning Workshop) 27 September 2016 (In-Committee Meeting) 22 November 2016 (Strategy Planning Workshop & Scenario Planning) 30 January 2017 (Meeting with Investigators for the Whistle-blow matter) 22 February 2017 (Special Council Meeting) Audit & Risk Committee - 5 Meetings 25 April August November July 2016 and 26 May 2016 (Joint Meeting with Fincom) 13 February 2017 Chairpersons Committee - 7 Meetings Date Nature of Meeting 23 May 2016 Normal / scheduled 07 September 2016 Normal / scheduled 07 December 2016 Special 19 October 2016 Normal / scheduled 24 January 2017 Special 06 March 2017 Normal / scheduled 06 April 2017 Urgent Council 4 Meetings Ordinary Meetings 04 April June September March 2017 Finance Committee - 5 Meetings 20 July 2016 and 26 May 2016 (Joint-meeting AC) 25 April August November February FILM AND PUBLICATION BOARD

43 HR & Remuneration Committee - 4 Meetings 24 August September November March 2017 Operations & ICT Committee - 4 Meetings 16 May September November March 2017 Appeals Tribunal - 1 Workshop & 2 Appeals 17 November 2016: Robinson Crusoe: The Wildlife Appeal 28 June 2016: Teenage Mutant Ninja Turtles 15 March 2017 (Induction of New Members) ICT Steering Committee - 4 Meetings 31 August January February March 2017 ANNUAL REPORT 2016/17 41

44 Governance (continued) Member Attendance Appeal Tribunal Members Council Mrs NFT Mpumlwana (Chairperson) Ms S Mangena* (Deputy Chairperson) Number of Council and Committee meetings attended Dr N Skeepers* 22 Mr M Ditlhake* 12 Mr A Mudunungu 6 Ms N Dubazana 13 Ms Y Makhasi 9 Adv L Nevondwe* 12 Ms V Mhlakaza*** 0 * Note: Ms Mangena, Mr Ditlhake, Dr Skeepers, and Adv Nevondwe attended the Appeal Tribunal Induction on 15 March ***Ms Mhlakaza was appointed in April Note: Attendance above includes all Council and Committee meetings. Audit & Risk Committee Ms S Mangena* (Chairperson) Number of meetings attended Ms Z Nkosi** 1 Mr MG Dhladhla 5 Dr N Skeepers (Member) Adv L Nevondwe 3 * Note: Adv Nevondwe missed the Audit and Risk meeting on 25 April 2016 and Joint Audit and Risk and Finance on 20 July *** Ms Nkosi was appointed as a member of the Audit and Risk Committee during quarter Appeal Tribunal Members Adv T Mapipa-Ndlovu 1 Mr L Snail Ka Mtuze 1 Ms N Sigcau 1 Ms N Kheswa 1 Ms M Tsoehlisi 1 Mr L Malada 1 Prof A Magwaza 1 Mr C Mamathuntsha 1 Number of Appeals/ Inductions Attended * The members were appointed effective from 01 December 2016 and they all attended the induction. Appeal Tribunal Report The Appeal Tribunal is established in terms of section 3 (1) (c) of the FP Act 65 of 1996, as amended. Members of the Tribunal are appointed by the Minister of Communications for a period of five years and serve on a part-time basis. Members may be re-appointed for a further term, at the discretion of the Minister. The role of the Tribunal is to adjudicate disputes arising from classification decisions taken by the FPB. The Tribunal acts independently and has a mandate to perform its duties diligently, objectively, fairly and judiciously, guided by the prescripts of the Act, the Constitution and all other relevant pieces of legislation, particularly those dealing with the protection of children, communication and entertainment. It is important to emphasise that members of the Tribunal are selected based on their expertise in various fields, including but not limited to, law, psychology, education, religion, children s rights, film and media. The broad mandate of the Appeal Tribunal is to hear appeals against classification decisions made by classification committees in respect of publications, films, and games. The Appeal Tribunal determines whether, on the merits of each particular case, the correct decision has been made by a classification committee, taking into account the law, classification guidelines and regulations. Parties appearing before the Tribunal are entitled to be legally represented at the appeals. The hearings are open to the public, and some of the hearings have attracted widespread public interest. It is important to note that the rulings of the Tribunal are, in terms of section 20(5) of the Act, decisions of the Board and are final. 42 FILM AND PUBLICATION BOARD

45 Appeals Process The quorum for hearing appeals is the Chairperson and four other members. Generally, a decision is made immediately after the hearing, and reasons for the decisions are provided within 14 working days. A draft award is prepared by the Chairperson and circulated among all participating members for comment. All comments are incorporated into the final award, which is made available to the parties and to the classification committee, and placed on the FPB s website. The Tribunal always strives to speak with one voice, and the awards are drafted to incorporate the diversity of views and opinions expressed by all members. The appeal awards are highly detailed, with the aim of ensuring that there is coherent jurisprudence on how to interpret the Act and guidelines in a manner that is consistent with the Constitution, so as to assist classification committees and other persons relying on the FP Act. The staff of the FPB, through the office of the Council Secretary, provides administrative support to the Tribunal, ensuring that all appeal hearings are scheduled and relevant parties duly notified. The Council Secretary s office is also responsible for the remuneration of Tribunal members. The previous term, comprising seven members, ended on 31 March 2016, and the terms of five of the members who availed themselves, were extended until 31 December 2016, while the recruitment process for new members was underway. Previous Members Prof K Govender (Chairperson) Adv D Bensusan Ms H Devraj Prof A Magwaza Ms P Marek Rev M McCoy Prof K Moodaliyar Current Members Ms NS Kheswa Adv TP Mapipa-Ndlovu Prof AS Magwaza Mr LJ Malada Mr C Mamathuntsha Ms NI Sigcau Mr L Snail Ka Mtuze Ms MT Tsoehlisi ANNUAL REPORT 2016/17 43

46 Governance (continued) The empowering Act has been amended on a number of occasions to deal with the rapidly-changing landscape over which the FPB has jurisdiction. The latest amendment Bill is currently before Parliament. The FPB has also developed an Online Regulation Policy which is intended to provide clarity on the regulation of online distributors. Once passed, along with the amended Act, this will provide clarity on a number of regulatory issues. It will also add much-needed impetus to the work of the FPB as a content regulator. The FPB has embarked on a number of initiatives to partner with various tertiary institutions in the country so as to strengthen its knowledge through research and related activities. One of the most notable outcomes of this collaboration is the Certificate Course on Classification, being offered through UNISA. The course is aimed at the training of classifiers and content distributors across the landscape of our country and the continent. A broad-based training manual, developed in-house, is currently being used to train existing classifiers on various aspects of classification to ensure that lawful, reasonable, proper and consistent decisions are made. Members of the Appeal Tribunal have been involved in the training of classifiers, and interact with them from time to time, as invited by Management. Overview of Appeals heard since the last reporting period. Only two appeals have been lodged with the Appeal Tribunal since the last reporting period. The constant decline in the number of appeals lodged, could largely be attributed to the broad acceptance of the FPB s classification guidelines and improved implementation thereof, by classification committees. Film/Game/Publication Case Number Decision by the Classification Committee Decision by the Appeal Tribunal Teenage Mutant Ninja Turtles (Film) 1 / V PG V Robinson Crusoe (Film) 2 / PG V 7-9 PG Internal Audit and Risk Report The Internal Audit activity of the FPB obtains its mandate from the Public Finance Management Act (PFMA) and its regulations. The Internal Audit function was established in terms of Section 51 (1)(a)(ii) of the PFMA. The FPB has established an internal audit function under the control and direction of the Audit and Risk Committee. As such, the Committee has, during the financial year ended March 2017, reviewed: The activities and effectiveness of the internal audit function; The accounting and auditing concerns identified as a result of the internal audits; and, The effectiveness of internal control systems. The primary function of internal audit is to give objective assurance to the Audit and Risk Committee that adequate management processes are in place to identify and monitor risks, and that effective internal controls are in place to manage those risks. Internal audit independently audits and evaluates the effectiveness of the FPB s risk management, internal controls and governance processes. In addition, Internal Audit provides consulting services to add value and improve the FPB s operations. Internal Audit unit has executed 100% of the approved Internal Audit Plan. Based on the work performed, Internal Audit would like to report that the systems of internal control for the period under review were effective and efficient. During the 2016/2017 financial year, internal audit performed audits in the following areas, as per the approved annual plan: Risk Management Human Resources Research Classification Performance Information (Quarter 1) Performance Information (Quarter 2) Performance Information (Quarter 3) Supply Chain Management 44 FILM AND PUBLICATION BOARD

47 Information Technology Compliance Monitoring Governance Follow up of internal audit findings Ad-hoc audits Risk Management and Fraud Prevention Risk management Risk management is at the core of the operations and management of the FPB. The FPB has developed an enterprise risk management framework and risk management policy, which guides the process of identifying and managing risks. A formal risk assessment was carried out to identify the strategic and operational risks of the FPB. Action plans were developed by management to mitigate the identified risks. As a result, a strategic risk register and an operational risk register were developed which are monitored by Internal Audit for effectiveness and by the Audit and Risk Committee in its overseeing role. Fraud prevention FPB is aware of the dangers of theft, corruption and fraudulent activities that will negatively impact its business performance. It has, therefore, developed a Fraud Prevention Strategy and Plan which is evaluated on a continual basis. The Fraud Hotline continues to be implemented and appropriate action is taken to investigate and resolve all received complaints, which are treated in the strictest confidence. There is also a Code of Ethics which is used to manage the declaration of interests by Council members and staff to manage FPB transactions, ensuring reasonable, ethical business practices. Conclusion On behalf of Council, staff and stakeholders of the FPB, I would like to thank the previous members of the Appeal Tribunal. I would also like to wish the current members well in their role, as theirs is a very critical checksand-balances function. We focus on strengthening our controls and compliance to ensure that FPB as an entity operates in a sustainable manner that adds value to society. Going forward we will also strengthen our stakeholder and community engagement to ensure that we build lasting partnerships that add to our capacity to implement our mandate, with even greater emphasis on transparency and accountability. Mr TD Mokutu Council Secretary ANNUAL REPORT 2016/17 45

48 5 SECTION Human Resource Management 46 FILM AND PUBLICATION BOARD

49 Human Resource Management Introduction The primary focus for the reporting period was to support the capacity and capability requirements of the strategy through ongoing programmes, to enhance the human capital components of the organisation. Key programmes for the period have included a review of the organisational structures, ongoing skills development, succession planning initiatives, enhancements to change management, and organisational culture programmes of the organisation. The FPB implemented an exercise to review the Human Resources Strategy and ensure its alignment with the broader organisational strategy. Four strategic support pillars were recognised as the core to providing an effective contribution to the human resources capacity and capability objectives of the organisation. These pillars include organisational structure support, remuneration and employee benefits strategy, a change management programme, and the organisational talent management programme Skills Development and Succession Planning. An internal unit review process is now conducted as an annual exercise with unit managers and the executive committee. This exercise reviews the current performance and workability of the unit structures. It also focuses on unit succession planning and capacity, and or, the capability contingencies that are in place, and assesses the need for additional resources or the reworking of business process flows. A limited number of additional posts were approved by Council following this process. These included the capacitating of the Internal Audit function; approval of an Information Security Officer and Applications Assistant posts in the ICT division: approval of an additional Child Protection Officer to assist in meeting the demands in this area of the FPB s work; and conversion of previously specified-term contracts to permanent staff for key roles such as Monitoring and Evaluation and a Corporate Services Specialist. A review was conducted on the organisational culture programme that was implemented in June Initiatives within this programme have included a November 2014 Employee Satisfaction Survey that was used as a basis for assessing perceptions that exist among staff on a variety of issues, and to assist in designing interventions for addressing key areas that need to be improved on, or, in the case of positive perceptions, maintained. A follow-up March 2017 Employee Satisfaction survey was implemented which has enabled the FPB to track shifts and changes in perception that may have taken place since the last survey. ANNUAL REPORT 2016/17 47

50 Human Resource Management (continued) A notable decrease has been recorded in FPB staff turnover 8% for the reporting period and for the first time in a number of years, all posts in the Executive and Senior Management structures were fully occupied. The in-housing of the payroll administration and query function since October 2014 continued to constitute an annual cost saving of approximately R The FPB invested a total of R in employee skills training and development (short training courses). A further R was invested in employee educational assistance (tertiary qualifications) where a total of 14 staff members were beneficiaries. In March 2017, the FPB also enrolled 15 staff members on the recently launched UNISA programme in Classification of Media Content in South Africa. The 2017 UNISA Classification course also includes 10 enrolments from the Kenyan Film Commission, who were hosted by the FPB earlier in the reporting period and had expressed an interest in the course. Human Resource Tables The HR Report provides an overview of some of the activities and trends that have occurred over the 12-month reporting period. These include statistical data relating to staff movements, employment equity and race/gender representation, staff-related expenditure patterns and labour relations. Expenditure The following tables summarise final audited expenditure by programme, and by salary bands. In particular, they provide an indication of the amount spent on personnel costs in terms of the programmes or salary bands within the department. Table 1: Personnel costs by programme 2016 / 2017 Programme Total Expenditure (R 000) Personnel Expenditure (R 000) Training Expenditure (R 000) Professional & Special Services (R 000) Personnel Costs as a % of Total Exependiture (R 000) Average Personnel Cost per Employee (R 000) Staff % 521 Classifiers % 140 Total Table 2: Personnel costs by salary bands 2016 / 2017 Salary Band Personnel Expenditure % Total Personnel Cost Average Personnel Cost per Employee (R 000) (R 000) (R 000) Classifiers % 140 Support Staff % 452 Senior Management % 833 Executive % Total % 48 FILM AND PUBLICATION BOARD

51 Table 3: Employment and vacancies by salary bands, 31 March 2017 Salary Band Number of Posts Number of Posts Filled Vacancy Rate % Additional to the Establishment Support Staff % 0 Senior Management Executive Management Programme Total % 0 Job Evaluation Table 4: Job evaluation Salary Band Number of Posts Number of Jobs Graded % of Posts Evaluated by Salary Band Posts Upgraded Number % of Posts Evaluated Posts Downgraded Number % of Posts Evaluated Executive Managers Senior Managers Support Staff Programme Total % 1 100% % 1 100% 0 0 ANNUAL REPORT 2016/17 49

52 Human Resource Management (continued) Table 5: Employees whose salary level exceeds the grade determined by job evaluation 01 April 2016 to 31 March 2017 Occupation Number of Employees Job Evaluation Level Remuneration Level Reason for Deviation Executive Assistant (AF) Administrative Officer - Assistant to Council (AF) Legal Admin Assistant (AF) Regional Co-ordinator (CM) 1 C3 C4 1 B4 C1 1 B3 B4 1 C3 C5 Posts reviewed as part of the FPB turnaround implementation Posts reviewed as part of the FPB turnaround implementation Posts reviewed as part of the FPB turnaround implementation Posts reviewed as part of the FPB turnaround implementation Regional Co-ordinator (AM) 1 C3 C4 Historic Publications Monitor (AF) 1 C2 C3 Posts reviewed as part of the FPB turnaround implementation Assistant Manager: Client Support (IM) Admin & Client Support Officer (AF) Co-ordinator Strategic Partnerships (AF) 1 C3 C4 1 C1 C2 1 C3 C5 Posts reviewed as part of the FPB turnaround implementation Posts reviewed as part of the FPB turnaround implementation Posts reviewed as part of the FPB turnaround implementation Total number of employees whose salaries exceeded the level determined by job evaluation in 2016/17 9 Percentage of total employment 9/ % Table 6: Profile of employees whose salary level exceeds the grade determined by job evaluation 01 April 2016 to 31 March 2017 Beneficiaries African Indian Coloured White Total Female Male Total FILM AND PUBLICATION BOARD

53 Employment Changes Table 7: Annual turnover by salary bands, 01 April 2016 to 31 March 2017 Salary Bands Number of Employees per level as at 01 April 2016 Appointments and Transfers-in Terminations and Transfers-out Turnover rate % Support Staff % Senior Management Executive Management % Total % Note: Turnover stats include the completion of the internship contracts x10 and termination of fixed term contracts. Termination rate = Terminations divided by (number of employees + appointments) Table 8: Reasons why staff are leaving the department Termination Type Number % Total Death 0 0 Resignation 5 28% Expiry of Contract 13 72% Dismissal - organisational changes 0 0 Dismissal - misconduct 0 0 Dismissal - inefficiency 0 0 Discharge due to ill-health 0 0 Retirement 0 0 Other 0 0 Total Total number of employees who left as a % of the total employment 16% ANNUAL REPORT 2016/17 51

54 Human Resource Resource Management Management (continued) (continued) Employment Equity Table 9: Total number of employees (including people with disabilities) in each of the following occupational categories as at 31 March 2017 Occupational Categories Male Female African Coloured Indian White African Coloured Indian White Support Staff Total Senior Management Executive Management Total Persons with disabilities included in the above table Table 10: Recruitment for the period 01 April 2016 to 31 March 2017 Occupational Bands Male Female African Coloured Indian White African Coloured Indian White Total Support Staff Senior Management Executive Management Total Table 11: Terminations for the period 01 April 2016 to 31 March 2017 Occupational Bands Male Female African Coloured Indian White African Coloured Indian White Total Support Staff Senior Management Executive Management Total FILM AND PUBLICATION BOARD

55 Table 11: Disciplinary Action for the period 01 April 2016 to 31 March 2017 Male Female African Coloured Indian White African Coloured Indian White Total Disciplinary Action Table 12: Skills development for the period 01 April 2016 to 31 March 2017 Occupational Categories Male Female African Coloured Indian White African Coloured Indian White Total Support Staff Senior Management Executive Management Total Persons with disabilities included in the above table ANNUAL REPORT 2016/17 53

56 Human Resource Management (continued) Performance Rewards Table 14: Performance rewards by race, gender, disability, 01 April 2016 to 31 March 2017 Race Group Number of Beneficiaries Total Number of Employees in Group from Table 9 % of Total within Group Cost Average Cost per Employee African Male R R Female R R Indian Male R R Female R R Coloured Male R R Female R R White Male R R Female R R Total R R Employees with disability Table 15: Performance reward by salary band for personnel below senior management service, 01 April 2016 to 31 March 2017 Salary Band Number of Beneficiaries Number of Employees % Total within Group Cost Average Cost per Employee Total Cost as % of Total Personnel Cost Support Staff % R R % Total % R R % 54 FILM AND PUBLICATION BOARD

57 Table 16: Performance related rewards by salary band, for senior management service, 01 April 2016 to 31 March 2017 Salary Band Number of Beneficiaries Number of Employees % Total within Group Cost Average Cost per Employee Total Cost as % of Total Personnel Cost Senior Management and Executive Management % R R % Total % R R % Table 17: Sick leave, 01 April 2016 to 31 March 2017 Salary Band Total Days % Certification Number of Employees using sick leave % Total Employees using sick leave Average per Employee Estimated Cost Support Staff % 7.56 R Senior Management Executive Management % 9.55 R % 4.25 R Total % 7.62 R Table 18: Annual leave, 01 April 2016 to 31 March 2017 Salary Band Total Days Taken Number of Employees in Grade Average per Employee Support Staff Senior Management Executive Management Total ANNUAL REPORT 2016/17 55

58 Human Resource Management (continued) Table 19: Leave payouts for the period 01 April 2016 to 31 March 2017 Reason Total Amount Number of Employees Average Payment per Employee Leave Payout for 2016/17 due to non-utilisation Capped Leave Payout on Termination of Service Current Leave Payout on Termination of Service R R Total R R Table 20: HIV/Aids and Health Promotion Programmes Details of Health Promotion and HIV and Aids Programmes Question Yes No Details, if yes Has the department designated a member of the SMS to implement the provisions contained in Part VI of Chapter 1 of the Public Service Regulations, 2001? If so, provide his/her name and position X Andre Michaux HR Manager Does the department have a dedicated unit or has it designated specific staff members to promote the health and wellbeing of your employees? If so, indicate the number of employees who are involved in this task and the annual budget that is available for this purpose X HR Manager Assistant Manager HR Officer R Has the department introduced an Employee Assistance or Health Promotion Programme for employees? If so, indicate the key elements/services of this programme. X Health and Wellbeing Survey Wellness Days Monthly Wellness Newsletter Wellness Call Centre On-Site Counselling Services EAP Referral System Health Awareness Interventions Compulsory trauma debriefings for specified job categories Has the department established a committee(s) as contemplated in Part VI E5 (e) of Chapter 1 of the Public Service Regulations, 2001? If so, please provide the names of the members of the committee and the stakeholders(s) they represent. X Judas Matlakale Mpho Mooketsi Zange Mgolombane Nosipho Dladla Nomfundo Ralante Thando Mlambo Kagiso Mmitsi Komilla Moodley Jacqueline Steyn Andre Michaux Stakeholder = FPB Employees 56 FILM AND PUBLICATION BOARD

59 Has the department reviewed its employment policies and practices to ensure that these do not unfairly discriminate against employees on the basis of their HIV status? If so, list the employment policies/practices so reviewed. X Health and Safety Policy Bereavement Policy Employee Wellness Policy Employee Assistance Programme Leave Policy Sexual Harassment Policy HIV/Aids Policy Has the department introduced measures to protect HIV-positive employees or those perceived to be HIV-positive from discrimination? If so, list the key elements of these measures. X Covered in the HIV/Aids and other applicable policies Does the department encourage its employees to undergo Voluntary Counselling and Testing? If so, list the results that you have achieved X VCT conducted annually 44% Response for Voluntary Counselling and Testing in the previous reporting period Has the department developed measures/indicators to monitor and evaluate the impact of its health promotion programme? If so, list these measures/indicators. X Employee Assistance counselling referrals and call centre utilisation HIV VCT Wellness Programme annual report productivity sick leave trends to be within 2% of days worked (actual = 2.88%) Labour Relations Table 21: Collective Agreements, 01 April 2016 to 31 March 2017 The following collective agreements were entered into with trade unions within the department: Subject Matter Date Wage Settlement Agreement September 2016 ANNUAL REPORT 2016/17 57

60 Human Resource Management (continued) Table 22: Misconduct and Disciplinary Hearings finalised, 01 April 2016 to 31 March 2017 Outcomes of Disciplinary Hearings Number % Total Correctional Counselling (included letter of caution in this) 0 0 Verbal Warning 4 36% Written Warning 6 55% Final Written Warning 0 0 Suspended without Pay 0 0 Fine 0 0 Demotion 0 0 Dismissal 0 0 Case Withdrawn 0 0 Other (Non-discloser of pending Labour Court case) 1 9% Total % Table 23: Types of Misconduct addressed at Disciplinary Hearings Type of Misconduct Number % Total Fruitless and Wasteful Expenditure 2 18% Negligence/non-compliance with procedures 8 73% Unauthorised Absence 0 0 Failure to meet Performance Delivery 0 0 Dereliction of Duty 0 0 Theft of FPB Materials 0 0 Dishonesty/bringing name of FPB into disrepute 0 0 Non-disclosure of Pending Labour Court Case 1 9% Total % Table 24: Grievances lodged for the period 01 April 2016 to 31 March 2017 Number of Grievances Lodged 2 Table 25: Disputes lodged with Councils/CCMA for the period 01 April 2016 to 31 March 2017 Number of Disputes Lodged 3 58 FILM AND PUBLICATION BOARD

61 Table 26: Strike actions for the period 01 April 2016 to 31 March 2017 Strike Actions for the Period None Table 27: Precautionary suspensions for the period 01 April 2016 to 31 March 2017 Precautionary Suspensions for the Period 2 Skills Development Table 28: Training provided, 01 April 2016 to 31 March 2017 Training provided within the reporting period Occupational Categories Gender No. of employees as at 01 April 2015 Learnerships Skills programmes and other courses Other forms of training Total Support Staff Senior Management Executive Management Sub Total Male Female Male Female Male Female Male Female Total Injury on Duty Table 29: Injury on duty, 01 April 2016 to 31 March 2017 Nature of Injury Number % Total Required Basic Medical Attention Only 0 0 Temporary Total Disablement 0 0 Permanent Disablement 0 0 Fatal 0 0 Total 0 100% ANNUAL REPORT 2016/17 59

62 60 FILM AND PUBLICATION BOARD

63 6 SECTION Financial Information ANNUAL REPORT 2016/17 61

64 Index Audit and Risk Committee Report 64 Report of the Auditor General to Parliament on the Film and Publication Board 67 Accounting Authority s Responsibilities and Approval 73 Accounting Authority s Report 74 Statement of Financial Position as at 31 March Statement of Financial Performance 76 Statement of Changes in Nett Assets 77 Cash Flow Statement 78 Statement of Comparison of Budget and Actual Amounts 79 Accounting Policies 80 Notes to the Financial Statements FILM AND PUBLICATION BOARD

65 List of Abbreviations COID CRR DBSA SA GAAP GRAP GAMAP HDF IAS IMFO IPSAS ME s MEC MFMA MIG Compensation for Occupational Injuries and Diseases Capital Replacement Reserve Development Bank of South Africa South African Statements of Generally Accepted Accounting Practice Generally Recognised Accounting Practice Generally Accepted Municipal Accounting Practice Housing Development Fund International Accounting Standards Institute of Municipal Finance Officers International Public Sector Accounting Standards Municipal Entities Member of Executive Council Municipal Finance Management Act Municipal Infrastructure Grant (Previously CMIP) ANNUAL REPORT 2016/17 63

66 Financial Statements for the year ended 31 March 2017 Audit and Risk Committee Report Introduction The Audit and Risk Committee was established in terms of Section 77 of the Public Finance Management Act (PFMA), and is one of the Film and Publication Board (FPB) governance structures. The Committee is mandated to oversee the audit, risk financial control and compliance functions in accordance with the Act and its Charter. The Committee comprises 4 members, two of whom are Council members and the other two are external, i.e. neither employees nor Council members. During the year under review, the Committee had been able to fulfill this role. It held all its scheduled meetings in accordance with the approved Annual Programme, and members had acted with diligence, applying due care at all times when discharging their roles. During the reporting period, the Committee was satisfied with controls and general financial management practices. The contribution of both the Internal Audit cannot go unnoticed, and the Committee is satisfied with the assurance provided. Further improvements were noted in the alignment of performance information and financial reporting, based on the budget against Annual Performance Plan (APP) targets. To that end, I am happy to state that the organisation is in a good state of financial health. The robustness of the supply chain management systems and accompanying internal controls had also improved immensely. Despite numerous changes in Treasury Regulations during the year, the organisation had been able to adapt and comply. Testament to this is the acceptance and positive certification of quarterly compliance reports that had consistently been submitted on time. Implementation of consequence management processes had also been consistent. During the reporting period, FPB had continued to implement the co-sourced internal audit model, which also contributed greatly to the stabilisation of the internal control environment. IT governance had also been treated as a priority area given the number of new and complex IT systems being implemented. The Audit and Risk Committee has adopted a revised Committee Charter. Governance Instruments In addition to the PFMA, Audit and Risk Committee Charter and King Code of Governance (King IV) as core governance instruments, the Committee reviewed the following instruments: Internal Audit Charter; Risk Management Policy; Enterprise Risk Management Framework; Materiality Framework; Business Continuity Plan; and Disaster Recovery Plan. We have consistently monitored the implementation of the above governance instruments and ensured that earlier warning systems were put in place to track and prevent any possible deviations. Internal Audit had been very instrumental in ensuring that the organisation was fully compliant. In addition, Internal Audit has been given an added role of reviewing monthly, as well as quarterly performance and financial reports. As a result, all reports submitted to the Executive Authority and National Treasury are certified by Internal Audit as fully compliant. At this stage, let me acknowledge the supportive role played by the Auditor General, with whom the Committee has a cordial working, and, mutually respectful relationship. Audit and Risk Committee Members and Meeting Attendance The Committee comprises 4 members and it held all four of its scheduled meetings. It also held two joint meetings with the Finance Committee, where the draft and audited Annual Financial Statements, Annual Performance Information Report as well as the Annual Report were considered and approved. The revised Internal Audit Charter, and the Three Year Rolling Internal Audit and Operational Plans were approved. The Committee had constantly monitored the implementation of, and compliance with the Council Code of Conduct and Ethics. 64 FILM AND PUBLICATION BOARD

67 Financial Statements for the year ended 31 March 2017 Committee Members Audit & Risk Committee Ms Sarah M Mangena (Chairperson) Mr Godlihawu Dhladhla (Independent Member) Number of meetings attended Ms Zanele Nkosi 2* Dr Natalie Skeepers (Council Member) * Ms Nkosi was appointed with effect from 1 October The Effectiveness of Internal Controls The Film and Publication Board Council is accountable for the overall governance, risk management processes and systems of internal control for the organisation. The Audit and Risk Committee is responsible for the review and assurance of the effectiveness of these processes. The Committee reports to Council on its activities on a quarterly basis and makes recommendations on necessary improvements from Internal and External Audit findings. The Committee therefore confirms that the internal controls and systems within the organisation are fully effective. The risk-based internal audit and combined assurance model employed has proven invaluable. The Committee, therefore, reports that the regular evaluation of internal controls and financial management systems, done by both Internal Audit and the Auditor- General, in terms of Internal Auditing and Generally Accepted Auditing Standards has confirmed the adequacy of the controls. Risk Management The Film and Publication Board uses a matrix based enterprise-wide risk governance model. The Committee evaluates quarterly reports on risk management and is satisfied that adequate measures have been put in place to manage the identified risks. Audit action plans are also used to track the resolution of audit findings Fraud Prevention FPB is aware of the dangers of theft, corruption and fraudulent activities that will negatively affect its business performance. It has therefore developed a Fraud Prevention and Awareness Plan which it evaluates on a continuous basis. A Fraud Hotline managed by an independent party is used for purposes of reporting any suspicious and undesirable activities. Appropriate action is taken promptly to investigate and resolve all complaints received. In addition to the Council Code of Conduct and Ethics, the organisation also has a Code of Ethics for general staff. All members of governance structures and staff are required to declare their business and financial interests, which is used to manage FPB transactions. This is done to ensure reasonably ethical business practices throughout the organisation. Internal Audit In line with the PFMA and King Code on Corporate Governance (King IV) Report, Internal Audit conducts quarterly assessments on internal controls, risk management, governance and compliance, and provides reports to the Committee on same. Internal Audit has unrestricted access to the Committee, its Chairperson and Auditee officials and records. The Committee is satisfied that Internal Audit has discharged its function effectively and its findings and conclusions are correct and relevant for prioritised attention and improvement of FPB. Corporate Governance The FPB Council had adopted King IV Code of Governance and its relevant principles of good corporate governance in order to strengthen the organisation s governance and compliance. Council has adopted a comprehensive governance framework, which includes the Council Charter and premised on the Films and Publications Act and Public Finance Management Act. Members of Council and all other Governance structures are remunerated based on the relevant remuneration policy at approved National Treasury rates. Council has a full complement of members and all its committees are fully functional. The Council Code of Conduct and Ethics is used to encourage conduct of the highest possible standard and exemplary behaviour by all members. All members of governance structures had filed their annual declarations of interests. ANNUAL REPORT 2016/17 65

68 Financial Statements for the year ended 31 March 2017 Audit and Risk Committee Report (continued) Quarterly Reporting in Terms of the Public Finance Management Act The Committee has considered and recommended quarterly finance and performance reports in terms of the Public Finance Management Act, Act 1 of 1999 (PFMA), as amended, to Council for approval before submission to the Executive Authority. The main purpose of these reports is to disclose finance and performance achievements, variances and consequence management steps taken where variances occur. To that end, as a Committee we are satisfied that FPB has been compliant with the reporting requirements. Consideration of Annual Financial Statements The Committee has evaluated the annual financial statements for the year ended 31 March 2017 and is satisfied that the statements comply, in all material respects, with the requirements of PFMA and GRAP. The Committee notes that bank and cash balances are adequate to cover creditors at year end. The Audit and Risk Committee has: Expertise and Experience of the Chief Financial Officer and Finance Function The Committee has considered, and has reported on the appropriateness of the expertise and adequacy of the resources within the finance function, as well as the experience of the senior members of management responsible for the function. Auditor-General South Africa The Committee accepts the audit opinion of the Auditor- General on the Annual Financial Statements, and has recommended to Council that the audited Annual Financial Statements be accepted and read together with the report of the Auditor-General. Appreciation The Committee expresses its appreciation to the Accounting Authority, Senior Management team, Internal Audit and the Auditor General for their dedication and support during the financial year. Reviewed and discussed with the Auditor General and Accounting Authority, the audited annual financial statements; Reviewed the Auditor General s management letter and management s response; Reviewed changes in accounting policies and practices; MS Mangena Audit and Risk Committee Chairperson Council Member of Film and Publication Board Reviewed significant adjustments resulting from the audit; and Reviewed and discussed with the Accounting Authority, Performance Information submitted to the Auditor General. 66 FILM AND PUBLICATION BOARD

69 Financial Statements for the year ended 31 March 2017 Report of the Auditor-General to Parliament on the Film and Publication Board Report on the audit of the financial statements Opinion 1. I have audited the financial statements of the Film and Publication Board set out on pages 75 to 105, which comprise the statement of financial position as at 31 March 2017, and the statement of financial performance, statement of changes in net assets, and cash flow statement and the statement of comparison of budget information with actual information for the year then ended, as well as the notes to the financial statements, including a summary of significant accounting policies. 2. In my opinion, the financial statements present fairly, in all material respects, the financial position of the Film and Publications Board as at 31 March 2017, and its financial performance and cash flows for the year then ended in accordance with South African Standards of Generally Recognised Accounting Practice (SA Standards of GRAP) and the requirements of the Public Finance Management Act of South Africa, 1999 (Act No. 1 of 1999) (PFMA). Base of opinion 3. I conducted my audit in accordance with the International Standards on Auditing (ISAs). My responsibilities under those standards are further described in the auditor-general s responsibilities for the audit of the financial statements section of my report. 4. I am independent of the entity in accordance with the International Ethics Standards Board for Accountants Code of ethics for professional accountants (IESBA code) together with the ethical requirements that are relevant to my audit in South Africa. I have fulfilled my other ethical responsibilities in accordance with these requirements and the IESBA code. Emphasis of matter 5. I draw attention to the matter below. My opinion is not modified in respect of this matter. Restatement of corresponding figures 6. As disclosed in note 27 to the financial statements, the corresponding figures for 31 March 2016 have been restated as a result of an error in the financial statements of the public entity at, and for the year ended, 31 March Responsibilities of the accounting authority for the financial statements 7. The accounting authority is responsible for the preparation and fair presentation of the financial statements in accordance with GRAP and the requirements of the PFMA and for such internal control as the accounting authority determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. 8. In preparing the financial statements, the accounting authority is responsible for assessing the FPB s ability to continue as a going concern, disclosing, as applicable, matters relating to going concern and using the going concern basis of accounting unless there is an intention either to liquidate the entity or to cease operations, or there is no realistic alternative but to do so. Auditor-General s responsibility for the audit of the financial statements 9. My objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor s report that includes my opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with ISAs will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of these financial statements. 10. A further description of my responsibilities for the audit of the financial statements is included in the annexure to the auditor s report. ANNUAL REPORT 2016/17 67

70 Financial Statements for the year ended 31 March 2017 Report of the Auditor-General to Parliament on the Film and Publication Board (continued) Report on the audit of the annual performance report Introduction and scope 11. In accordance with the Public Audit Act of South Africa, 2004 (Act No. 25 of 2004) (PAA) and the general notice issued in terms thereof I have a responsibility to report material findings on the reported performance information against predetermined objectives for programmes presented in the annual performance report. I performed procedures to identify findings but not to gather evidence to express assurance. 12. My procedures address the reported performance information, which must be based on the approved performance planning documents of the public entity. I have not evaluated the completeness and appropriateness of the performance indicators included in the planning documents. My procedures also did not extend to any disclosures or assertions relating to planned performance strategies and information in respect of future periods that may be included as part of the reported performance information. Accordingly, my findings do not extend to these matters. 13. I evaluated the usefulness and reliability of the reported performance information in accordance with the criteria developed from the performance management and reporting framework, as defined in the general notice, for the following selected programme presented in the annual performance report of the public entity for the year ended 31 March 2017: Programme Pages in the annual performance report Programme 1 - Industry Compliance 69 Programme 2 - Branding and Marketing 69 Programme 3 - Public Education and Awareness 70 Programme 4 - Online and Mobile Content Regulation I performed procedures to determine whether the reported performance information was property presented and whether performance was consistent with the approved performance planning documents. I performed further procedures to determine whether the indicators and related targets were measurable and relevant, and assessed the reliability of the reported performance information to determine whether it was valid, accurate and complete. 15. The material findings in respect of the usefulness and reliability of the selected programmes are as follows: 16. I was unable to obtain sufficient appropriate audit evidence for the reported achievement of targets. This was due to a lack of proper performance management systems and processes. Activities required to be performed, in order to achieve the targets were documented as yearly targets in the Annual Performance plan and Annual Performance report. The level of performance required to be achieved as outlined per indicator was not determined. Consequently I was unable to test the usefulness and reliability of the planned and reported indicators and targets. 68 FILM AND PUBLICATION BOARD

71 Financial Statements for the year ended 31 March 2017 Below is a list of indicators and targets affected per programme: Programme 1 - Industry Compliance Indicator Number of games reviewed on FPB ONLINE Number of reports captured on system by all classifiers & QA s Number of games audited Level of adherence to Classification governance framework Number of trained classifiers Number of material labelled Number of people in attendance at public dialogues Number of focus groups held Level of KM Compliance Volume of documents approved for offsite storage Volume of documents destroyed Number of people accessing hub Number of partners placing content in hub Target Implement automated processes Implement automated processes Conduct a Review of the FPB ONLINE Audit Process Implement Classification Governance Framework Roll out the classification training manual to all classifiers and contracted online distributors Review and approval of the labelling system Approval and implementation of the online policy Develop and implement revised fees structure & tariff for physical and online content regulation and classification Implement a training programme for KM Implement an offsite storage and document destruction project Info hub marketing and maintenance Programme 2 - Branding and Marketing Indicator Number of people reached through marketing, media, digital and outreach Number of people through external newsletter Number of opinion pieces published Target Issue 4 quarterly external newsletter copies (The Scene) Develop media relations plan for FPB programme and units ANNUAL REPORT 2016/17 69

72 Financial Statements for the year ended 31 March 2017 Report of the Auditor-General to Parliament on the Film and Publication Board (continued) Programme 3 - Public Education and Awareness Indicator Number of outreach activities and people reached Target Develop and implement outreach and public education campaigns. Support Minister and CEO s engagements Participate in National Days Exhibitions Increase in percentage of social media platforms Number of staff workshops Develop digital media plan for approval Increase social media numbers by 5% Compile quarterly digital Medial M&E report No target Programme 4 - Online and mobile content regulation Indicator Online regulatory system No. of content submitted and registered online Phase in implementation Levels of upgrade No. of complaints recevied Target Implement Online Content Regulation system and compliance monitoring tools Implement Online Content Regulation system and compliance monitoring tools Implement recommendation of the health check and AG Upgrade of the data centre Review and implement online and telephonic tools for addressing cyber-safety of children Other matters 17. I identified material findings on the usefulness and reliability of the reported performance information for the selected programmes, I draw attention to the following matter: Achievement of planned targets 18. Refer to the annual performance report on pages 108 to 141 for information on the achievement of planned targets for the year and explanations provided for the under/overachievement of a number of targets. This information should be considered in the context of material findings identified on the usefulness and reliability of the reported performance information in paragraphs 15 of this report. Report on audit of compliance with legislation Introduction and scope 19. In accordance with the PAA and the general notice issued in terms thereof, I have a responsibility to report material findings on the compliance of the public entity with specific matters in key legislation. I performed procedures to identify findings but not to gather evidence to express assurance. 70 FILM AND PUBLICATION BOARD

73 Financial Statements for the year ended 31 March I did not identify any instances of material non-compliance with selected specific requirements of applicable legislation, as set out in the general notice issued in terms of the PAA. Other information 21. The FPB accounting authority is responsible for the other information. The other information does not include the financial statements, the auditor s report thereon and those selected objectives presented in the annual performance report that have been specifically reported on in the auditor s report. 22. My opinion on the financial statements and findings on the reported performance information and compliance with legislation do not cover the other information, and I do not express an audit opinion or any form of assurance conclusion thereon. In connection with my audit, my responsibility is to read the other information and, in doing so, consider whether the other information is materially inconsistent with the financial statements and the selected objectives presented in the annual performance report, or my knowledge obtained in the audit, or otherwise appears to be materially misstated. If, based on the work I have performed on the other information obtained prior to the date of this auditor s report, I conclude that there is a material misstatement of this other information, I am required to report that fact. I have nothing to report in this regard. Internal control deficiencies 23. I considered internal control relevant to my audit of the financial statements, reported performance information and compliance with applicable legislation; however, my objective was not to express any form of assurance thereon. The matters reported below are limited to the significant internal control deficiencies that resulted in the findings on the annual performance report included in this report. Leadership 24. The accounting authority did not exercise adequate oversight responsibility regarding performance reporting as well as related internal controls. Financial and performance management 25. Management did not prepare regular, accurate and complete performance reports that are supported and evidenced by reliable information. Governance 26. The audit committee did not promote adequate accountability through overseeing the effectiveness of the planning process including the setting of measurable targets that addresses the identified indicators. Pretoria 31 July 2017 ANNUAL REPORT 2016/17 71

74 Financial Statements for the year ended 31 March 2017 Annexure - Auditor-General s responsibility for the audit 1. As part of an audit in accordance with the ISAs, I exercise professional judgment and maintain professional skepticism throughout my audit of the financial statements, and the procedures performed on reported performance information for selected objectives and on the Public entity s compliance with respect to the selected subject matters. Financial statements 2. In addition to my responsibility for the audit of the financial statements as described in the auditor s report, I also: Identify and assess the risks of material misstatement of the financial statements whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for my opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or override of internal control. conditions may cause a public entity to cease to continue as a going concern. Evaluate the overall presentation, structure and content of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. Communication with those charged with governance 3. I communicate with the accounting authority regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that I identify during my audit. 4. I also confirm to the accounting authority that I have complied with relevant ethical requirements regarding independence, and communicate all relationships and other matters that may reasonably be thought to have a bearing on my independence and where applicable, related safeguards. Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the [type of auditee] s internal control. Evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by the Council. Conclude on the appropriateness of the Council s use of the going concern basis of accounting in the preparation of the financial statements. I also conclude, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the Film and Publications Board ability to continue as a going concern. If I conclude that a material uncertainty exists, I am required to draw attention, in my auditor s report, to the related disclosures in the financial statements about the material uncertainty, or, if such disclosures are inadequate, to modify the opinion on the financial statements. My conclusions are based on the information available to me at the date of the auditor s report. However, future events or 72 FILM AND PUBLICATION BOARD

75 Financial Statements for the year ended 31 March 2017 Accounting Authority s Responsibilities and Approval The members are required by the Companies Act, 71 of 2008, to maintain adequate accounting records and are responsible for the content and integrity of the financial statements and related financial information included in this report. It is the responsibility of the members to ensure that the financial statements fairly present the state of affairs of the entity as at the end of the year and the results of its operations and cash flows for the year then ended. The external auditors are engaged to express an independent opinion on the financial statements and given unrestricted access to all financial records and related data for their audit. The financial statements have been prepared in accordance with Standards of Generally Recognised Accounting Practice (GRAP) including any interpretations, guidelines and directives issued by the Accounting Standards Board. The financial statements are based upon appropriate accounting policies consistently applied and supported by reasonable and prudent judgements and estimates. The members acknowledge that they are ultimately responsible for the system of internal financial control established by the entity and place considerable importance on maintaining a strong control environment. To enable the members to meet these responsibilities, the accounting authority sets standards for internal control aimed at reducing the risk of error or deficit in a cost effective manner. The standards include the proper delegation of responsibilities within a clearly defined framework, effective accounting procedures and adequate segregation of duties to ensure an acceptable level of risk. These controls are monitored throughout the entity and all employees are required to maintain the highest ethical standards in ensuring the entity s business is conducted in a manner that in all reasonable circumstances is above reproach. The focus of risk management in the entity is on identifying, assessing, managing and monitoring all known forms of risk across the entity. While operating risk cannot be fully eliminated, the entity endeavours to minimise it by ensuring that appropriate infrastructure, controls, systems and ethical behaviour are applied and managed within predetermined procedures and constraints. The entity is dependent on the Department of Communications for continued funding of operations. The financial statements are prepared on the basis that the entity is a going concern and that the Department of Communications has neither the intention nor the need to liquidate or curtail materially, the scale of the entity. The accounting authority are primarily responsible for the financial affairs of the entity and these are audited by the entity's external auditors. The financial statements set out on pages 75 to 106, which have been prepared on the going concern basis, were approved by the accounting authority on 31 May 2017 and were signed on its behalf by: Mr. M Dzebu Chief Executive Officer (Acting) Mrs. NFT Mpumlwana Chairperson of Council The members are of the opinion, based on the information and explanations given by management, that the system of internal control provides reasonable assurance that the financial records may be relied on for the preparation of the financial statements. However, any system of internal financial control can provide only reasonable, and not absolute, assurance against material misstatement or deficit. ANNUAL REPORT 2016/17 73

76 Financial Statements for the year ended 31 March 2017 Accounting Authority s Report The members submit their report for the year ended 31 March Legal Form and Nature of Business The Film and Publication Board is a public entity which was established in terms of the Film and Publications Act and commenced business in March It is listed as a Schedule 3A in terms of the Public Finance Management Act of The Executive Authority is the Department of Communications. 2. Review of activities Main business and operations The Film and Publication Board regulates, by means of classification, age restrictions and consumer advice, the creation, production, possession and distribution of films, computer games and certain publications to: Enable adults to make informed viewing, reading, and gaming choices, both for themselves and for the children in their care, and Protect children from exposure to disturbing and harmful materials and from premature exposure to adult experiences, and Contribute to the protection of children from sexual abuse and exploitation in pornographic films, computer games, publications and on the internet. 5. Funding The Film and Publication Board received a Government Grant of R for the period ended 31 March 2017 and R for the year ended 31 March Subsequent events The CEO (Mr Thema Wakashe) and COO (Mr Sipho Risiba) have been suspended with effect from 17 March Mr Sipho Risiba subsequently resigned as the COO with effect from May Mr Mmberegeni Dzebu (seconded from the DoC) is Acting CEO and Ms Abongile Mashele (Research Manager) is Acting COO. The CFO (Mr Regardt Gouws) resigned from his position in April Accounting policies The financial statements have been prepared in accordance with the Standards of Generally Recognised Accounting Practices (GRAP), including any interpretations, guidelines and directives issued by the Accounting Standards Board. The financial statements set out on pages 75 to 106, which have been prepared on the going concern basis, were approved by the accounting authority on 31 May 2017 and were signed on its behalf by: 3. Results for the year The financial operating results for the period were satisfactory. The Film and Publication Board recorded a net surplus of R (2016: surplus R ). 4. Going concern We draw attention to the fact that at 31 March 2017, the entity had an accumulated surplus of R (2016: accumulated Surplus of R ) and that the entity s total assets exceed its liabilities by R (2016: accumulated Surplus of R ). The financial statements have been prepared on a going concern basis and the Accounting Authority have no reason to believe that the entity will not be a going concern in the foreseeable future. The total amount of R was allocated to the Film and Publication Board by the Department of Communications for 2016/2017 financial year. Mr. M Dzebu Chief Executive Officer (Acting) Mrs. NFT Mpumlwana Chairperson of Council 74 FILM AND PUBLICATION BOARD

77 Financial Statements for the year ended 31 March 2017 Statement of Financial Position as at 31 March 2017 Figures in Rands Note(s) Restated* Assets Current Assets Receivables from exchange transactions Cash and cash equivalents Non-Current Assets Infrastructure, plant and equipment Intangible assets Total Assets Liabilities Current Liabilities Finance lease obligation Payables from exchange transactions Provisions Non-Current Liabilities Finance lease obligation Total Liabilities Net Assets Accumulated surplus ANNUAL REPORT 2016/17 75

78 Financial Statements for the year ended 31 March 2017 Statement of Financial Performance Figures in Rands Note(s) Restated* Revenue Revenue from non-exchange transactions Transfers from other government entities Revenue from exchange transactions Regulation Fees Other income Interest received investment Total revenue from exchange transactions Total revenue Expenditure Employees Costs 13 ( ) ( ) Depreciation and amortisation expenses ( ) ( ) Finance costs 15 ( ) ( ) Lease rentals on operating lease ( ) ( ) Administrative 14 ( ) ( ) Total expenditure ( ) ( ) Operating surplus Surplus for the period FILM AND PUBLICATION BOARD

79 Financial Statements for the year ended 31 March 2017 Statement of Changes in Net Assets Figures in Rands Accumulated surplus/(deficit) Total net assets Opening balance as previously reported Adjustments Prior year adjustments 27 ( ) ( ) Balance at 31 March 2015 as restated* Surplus for the period Total changes Opening balance as previously reported Prior year adjustments 27 ( ) ( ) Restated* Balance at 31 March 2016 as restated* Surplus for the period Total changes Balance at 31 March ANNUAL REPORT 2016/17 77

80 Financial Statements for the year ended 31 March 2017 Cash Flow Statement Figures in Rands Note(s) Restated* Cash flows from operating activities Receipts Grants Interest received Other receipts Regulation Fees Payments Employee costs ( ) ( ) Suppliers ( ) ( ) ( ) ( ) Nett cash flows from operating activities Cash flows from investing activities Purchase of plant and equipment 5 ( ) ( ) Proceeds from sale of infrastructure, plant and equipment Purchase of intangible assets 6 ( ) ( ) Nett cash flows from investing activities ( ) ( ) Cash flows from financing activities Finance lease payments ( ) ( ) Finance cost ( ) ( ) Nett cash flows from financing activities ( ) ( ) Nett increase/(decrease) in cash and cash equivalents ( ) Cash and cash equivalents at the beginning of the period Cash and cash equivalents at the end of the period FILM AND PUBLICATION BOARD

81 Financial Statements for the year ended 31 March 2017 Statement of Comparison of Budget and Actual Amounts Figures in Rands Budget on Cash Basis Approved Budget Adjustments Final Budget Actual amounts on comparable basis Difference between final budget and actual Reference Statement of Financial Performance Revenue Revenue from exchange transactions Regulation fees ( ) (a) Other revenue (b) Interest received investment (c) Total revenue from exchange transactions ( ) Revenue from non-exchange transactions Transfer revenue Transfers from other government entities Total revenue ( ) Expenditure Personnel ( ) ( ) ( ) ( ) (d) Depreciation and amortisation expenses ( ) ( ) Finance costs ( ) ( ) Lease rentals on operating lease ( ) ( ) ( ) Administrative ( ) ( ) ( ) ( ) (d) Total expenditure ( ) ( ) ( ) Surplus before taxation Surplus for the year from continuing operations Actual Amount on Comparable Basis as Presented in the Budget and Actual Comparative Statement The budget for 2016/2017 financial year was approved and prepared on the accrual basis (except for depreciation and amortisation) and all transactions were accounted for on accrual basis. Transfers received during the current financial year were from the Department of Communications and entities included in the budget were disclosed in Note 23. (a) Mid-term revenue projections indicated a decrease of regulation fees to be collected for the remainder of the year, budget was therefore reduced. This is mainly due to an increase of content distributed online and not through traditional means. (b) Other revenue not budgeted for due to not being material and its ad hoc nature. (c) Additional interest revenue generated due to proper planning of the surplus cash and investment decision that are done on time. The surplus funds are invested in the CPD account and Absa call account (d) Over-expenditure on personnel cost is due to the fact that some of the manager s position were filled earlier than expected and the under-expenditure on admin cost is due to the fact that management implemented cost containment measures on line items like travel, workshops and data costs. ANNUAL REPORT 2016/17 79

82 Financial Statements for the year ended 31 March 2017 Accounting Policies 1. Presentation of Financial Statements The financial statements have been prepared in accordance with the Standards of Generally Recognised Accounting Practice (GRAP) including any interpretations, guidelines and directives issued by the Accounting Standards Board. These financial statements have been prepared on an accrual basis of accounting and are in accordance with historical cost convention unless specified otherwise. They are presented in South African Rand. A summary of the significant accounting policies, which have been consistently applied are disclosed below. These accounting policies are consistent with the previous period. 1.1 Significant judgements and sources of estimation uncertainty In preparing the financial statements, management is required to make estimates and assumptions that affect the amounts represented in the financial statements and related disclosures. Use of available information and the application of judgement is inherent in the formation of estimates. Actual results in the future could differ from these estimates which may be material to the financial statements. Significant judgements made relates to: Useful life estimations, provisions and contingent liabilities. Trade receivables and receivables The entity assesses its trade receivables and receivables for impairment at the end of each reporting period. In determining whether an impairment loss should be recorded in surplus or deficit, the surplus makes judgements as to whether there is observable data indicating a measurable decrease in the estimated future cash flows from a financial asset. The impairment for trade receivables and receivables is calculated on a portfolio basis, based on historical loss ratios, adjusted for national and industry-specific economic conditions and other indicators present at the reporting date that correlate with defaults on the portfolio. These annual loss ratios are applied to loan balances in the portfolio and scaled to the estimated loss emergence period. Impairment testing Property, plant and equipment and intangible assets are considered for impairment if there is a reason to believe that an impairment may be necessary. The future cash flows expected to be generated by the assets are projected, taking into account market conditions and the expected useful lives of the assets. The present value of these cash flows, determined using an appropriate discount rate, is compared to the current carrying value and, if lower, the assets are impaired to the present value. Provisions Provisions were raised and management determined an estimate based on the information available. Additional disclosure of these estimates of provisions are included in Note 9 Provisions. Going Concern assumption The Annual Financial Statements have been prepared on a going concern basis. Offsetting Assets, liabilities, revenues and expenses have not been offset, except when offsetting is required or permitted by a Standard of GRAP. 80 FILM AND PUBLICATION BOARD

83 Financial Statements for the year ended 31 March Infrastructure, plant and equipment Infrastructure, plant and equipment are tangible non-current assets (including infrastructure assets) that are held for use in the production or supply of goods or services, rental to others, or for administrative purposes, and are expected to be used during more than one period. The cost of an item of infrastructure, plant and equipment is recognised as an asset when: It is probable that future economic benefits or service potential associated with the item will flow to the entity; and The cost of the item can be measured reliably. Infrastructure, plant and equipment is initially measured at cost. The cost of an item of infrastructure, plant and equipment is the purchase price and other costs attributable to bring the asset to the location and condition necessary for it to be capable of operating in the manner intended by management. Trade discounts and rebates are deducted in arriving at the cost. Where an asset is acquired through a non-exchange transaction, its cost is its fair value as at date of acquisition. Where an item of infrastructure, plant and equipment is acquired in exchange for a non-monetary asset or monetary assets, or a combination of monetary and non-monetary assets, the asset acquired is initially measured at fair value (the cost). If the acquired item's fair value was not determinable, it's deemed cost is the carrying amount of the asset(s) given up. When significant components of an item of infrastructure, plant and equipment have different useful lives, they are accounted for as separate items (major components) of infrastructure, plant and equipment. Costs include costs incurred initially to acquire or construct an item of infrastructure, plant and equipment and costs incurred subsequently to add to, replace part of, or service it. If a replacement cost is recognised in the carrying amount of an item of infrastructure, plant and equipment, the carrying amount of the replaced part is derecognised. Recognition of costs in the carrying amount of an item of infrastructure, plant and equipment ceases when the item is in the location and condition necessary for it to be capable of operating in the manner intended by management. Infrastructure, plant and equipment is carried at cost less accumulated depreciation and any impairment losses. Infrastructure, plant and equipment are depreciated on a straight line basis over their expected useful lives to their estimated residual value. Infrastructure, plant and equipment is carried at cost less accumulated depreciation and any impairment losses. The useful lives of items of infrastructure, plant and equipment have been assessed as follows: Item Furniture and fittings Motor vehicles Office equipment Computer equipment Leasehold improvements Leased Assets Average useful life years 5 years 4-15 years 4-8 years 2-10 years 3-5 years ANNUAL REPORT 2016/17 81

84 Financial Statements for the year ended 31 March 2017 Accounting Policies (continued) 1.2 Infrastructure, plant and equipment (continued) The depreciable amount of an asset is allocated on a systematic basis over its useful life. Each part of an item of infrastructure, plant and equipment with a cost that is significant in relation to the total cost of the item is depreciated separately. The entity assesses at each reporting date whether there is any indication that the entity expectations about the useful life of an asset have changed since the preceding reporting date. If any such indication exists, the entity revises the expected useful life and/or residual value accordingly. The change is accounted for as a change in an accounting estimate. The depreciation charge for each period is recognised in surplus or deficit unless it is included in the carrying amount of another asset. Items of infrastructure, plant and equipment are derecognised when the asset is disposed of or when there are no further economic benefits or service potential expected from the use of the asset. The gain or loss arising from the derecognition of an item of infrastructure, plant and equipment is included in surplus or deficit when the item is derecognised. The gain or loss arising from the derecognition of an item of infrastructure, plant and equipment is determined as the difference between the nett disposal proceeds, if any, and the carrying amount of the item. 1.3 Intangible assets An asset is identifiable if it either: Is separable, i.e. is capable of being separated or divided from an entity and sold, transferred, licensed, rented or exchanged, either individually or together with a related contract, identifiable assets or liability, regardless of whether the entity intends to do so; or Arises from binding arrangements (including rights from contracts), regardless of whether those rights are transferable or separable from the entity or from other rights and obligations. A binding arrangement describes an arrangement that confers similar rights and obligations on the parties to it as if it were in the form of a contract. An intangible asset is recognised when: It is probable that the expected future economic benefits or service potential that are attributable to the asset will flow to the entity; and The cost or fair value of the asset can be measured reliably. The entity assesses the probability of expected future economic benefits or service potential using reasonable and supportable assumptions that represent management s best estimate of the set of economic conditions that will exist over the useful life of the asset. Where an intangible asset is acquired through a non-exchange transaction, its initial cost at the date of acquisition is measured at its fair value as at that date. Expenditure on research (or on the research phase of an internal project) is recognised as an expense when it is incurred. An intangible asset arising from development (or from the development phase of an internal project) is recognised when: It is technically feasible to complete the asset so that it will be available for use or sale. There is an intention to complete and use or sell it. There is an ability to use or sell it. 82 FILM AND PUBLICATION BOARD

85 Financial Statements for the year ended 31 March 2017 It will generate probable future economic benefits or service potential. There are available technical, financial and other resources to complete the development and to use or sell the asset. The expenditure attributable to the asset during its development can be measured reliably. An intangible asset is regarded as having an indefinite useful life when, based on all relevant factors, there is no foreseeable limit to the period over which the asset is expected to generate nett cash inflows or service potential. Amortisation is not provided for these intangible assets, but they are tested for impairment annually and whenever there is an indication that the asset may be impaired. For all other intangible assets amortisation is provided on a straight line basis over their useful life. The amortisation period and the amortisation method for intangible assets are reviewed at each reporting date. Reassessing the useful life of an intangible asset with a finite useful life after it was classified as indefinite is an indicator that the asset may be impaired. As a result the asset is tested for impairment and the remaining carrying amount is amortised over its useful life. Internally generated brands, mastheads, publishing titles, customer lists and items similar in substance are not recognised as intangible assets. Internally generated goodwill is not recognised as an intangible asset. Amortisation is provided to write down the intangible assets, on a straight line basis, to their residual values as follows: Item Depreciation method Average useful life The entity discloses relevant information relating to assets under construction or development, in the notes to the financial statements (see note). Intangible assets are derecognised: On disposal; or When no future economic benefits or service potential are expected from its use or disposal. 1.4 Financial instruments Classification The entity classifies financial assets and financial liabilities into the following categories: Held-to-maturity investment. Loans and receivables. Available-for-sale financial assets. Classification depends on the purpose for which the financial instruments were obtained/incurred and takes place at initial recognition. Classification is re-assessed on an annual basis, except for derivatives and financial assets designated as at fair value through surplus or deficit, which shall not be classified out of the fair value through surplus or deficit category. Initial recognition and measurement Financial instruments are recognised initially when the entity becomes a party to the contractual provisions of the instruments. ANNUAL REPORT 2016/17 83

86 Financial Statements for the year ended 31 March 2017 Accounting Policies (continued) The entity classifies financial instruments, or their component parts, on initial recognition as a financial asset, a financial liability or an equity instrument in accordance with the substance of the contractual arrangement. Financial instruments are measured initially at fair value, except for equity investments for which a fair value is not determinable, which are measured at cost and are classified as available-for-sale financial assets. For financial instruments which are not at fair value through surplus or deficit, transaction costs are included in the initial measurement of the instrument. Subsequent measurement Loans and receivables are subsequently measured at amortised cost, using the effective interest method, less accumulated impairment losses. Held-to-maturity investments are subsequently measured at amortised cost, using the effective interest method, less accumulated impairment losses. Available-for-sale financial assets are subsequently measured at fair value. This excludes equity investments for which a fair value is not determinable, which are measured at cost less accumulated impairment losses. Gains and losses arising from changes in fair value are recognised in equity until the asset is disposed of or determined to be impaired. Interest on available-for-sale financial assets calculated using the effective interest method is recognised in surplus or deficit as part of other income. Dividends received on available-for-sale equity instruments are recognised in surplus or deficit as part of other income when the entity's right to receive payment is established. Changes in fair value of available-for-sale financial assets denominated in a foreign currency are analysed between translation differences resulting from changes in amortised cost and other changes in the carrying amount. Translation differences on monetary items are recognised in surplus or deficit, while translation differences on non-monetary items are recognised in equity. Financial liabilities at amortised cost are subsequently measured at amortised cost, using the effective interest method Trade and other receivables Trade receivables are measured at initial recognition at fair value, and are subsequently measured at amortised cost using the effective interest rate method. Appropriate allowances for estimated irrecoverable amounts are recognised in surplus or deficit when there is objective evidence that the asset is impaired. Significant financial difficulties of the debtor, probability that the debtor will enter bankruptcy or financial reorganisation, and default or delinquency in payments (more than 30 days overdue) are considered indicators that the trade receivable is impaired. The allowance recognised is measured as the difference between the asset s carrying amount and the present value of estimated future cash flows discounted at the effective interest rate computed at initial recognition. The carrying amount of the asset is reduced through the use of an allowance account, and the amount of the deficit is recognised in surplus or deficit within operating expenses. When a trade receivable is uncollectible, it is written-off against the allowance account for trade receivables. Subsequent recoveries of amounts previously written-off are credited against operating expenses in surplus or deficit. Trade and other receivables are classified as loans and receivables. Payables from exchange transactions Trade payables are initially measured at fair value, and are subsequently measured at amortised cost, using the effective interest rate method. 84 FILM AND PUBLICATION BOARD

87 Financial Statements for the year ended 31 March 2017 Cash and cash equivalents Cash and cash equivalents comprise cash on hand and demand deposits, and other short-term, highly liquid investments that are readily convertible to a known amount of cash and are subject to an insignificant risk of changes in value. These are initially and subsequently recorded at fair value. 1.5 Leases A lease is classified as a finance lease if it transfers substantially, all the risks and rewards incidental to ownership. A lease is classified as an operating lease if it does not transfer substantially all the risks and rewards incidental to ownership. Finance leases lessee Finance leases are recognised as assets and liabilities in the statement of financial position at amounts equal to the fair value of the leased property or, if lower, the present value of the minimum lease payments. The corresponding liability to the lessor is included in the statement of financial position as a finance lease obligation. The discount rate used in calculating the present value of the minimum lease payments is the interest rate implicit in the lease. Minimum lease payments are apportioned between the finance charge and reduction of the outstanding liability. The finance charge is allocated to each period during the lease term so as to produce a constant periodic rate on the remaining balance of the liability. Any contingent rents are expensed in the period in which they are incurred. Operating leases lessee Operating lease payments are recognised as an expense on a straight-line basis over the lease term. The difference between the amounts recognised as an expense and the contractual payments are recognised as an operating lease asset or liability. 1.6 Employee benefits Short-term employee benefits The cost of short-term employee benefits, (those payable within 12 months after the service is rendered, such as paid vacation leave and sick leave, bonuses, and non-monetary benefits such as medical care), are recognised in the period in which the service is rendered and are not discounted. 1.6 Employee benefits (continued) Defined contribution plans Payments to defined contribution retirement benefit plans are charged as an expense as they fall due. The defined benefit plan is a pension fund under which the FPB pays fixed monthly contributions to a separate entity that will have legal or constructive obligations to pay further contribution if the fund does not hold sufficient assets to pay all the employee benefits relating to the employee service in the current and prior period. Once the contribution is paid, the FPB has no further obligations. ANNUAL REPORT 2016/17 85

88 Financial Statements for the year ended 31 March 2017 Accounting Policies (continued) 1.7 Provisions and contingencies Provisions are recognised when: The entity has a present obligation as a result of a past event; It is probable that an outflow of resources embodying economic benefits or service potential will be required to settle the obligation; and A reliable estimate can be made of the obligation. The amount of a provision is the best estimate of the expenditure expected to be required to settle the present obligation at the reporting date. Where the effect of time value of money is material, the amount of a provision is the present value of the expenditures expected to be required to settle the obligation. Where some or all of the expenditure required to settle a provision is expected to be reimbursed by another party, the reimbursement is recognised when, and only when, it is virtually certain that reimbursement will be received if the entity settles the obligation. The reimbursement is treated as a separate asset. The amount recognised for the reimbursement does not exceed the amount of the provision. Provisions are reviewed at each reporting date and adjusted to reflect the current best estimate. Provisions are reversed if it is no longer probable that an outflow of resources embodying economic benefits or service potential will be required, to settle the obligation. A provision is used only for expenditures for which the provision was originally recognised. Provisions are not recognised for future operating deficits. Contingent assets and contingent liabilities are not recognised. Contingencies are disclosed in Note Revenue from exchange transactions Revenue is the gross inflow of economic benefits or service potential during the reporting period when those inflows result in an increase in nett assets, other than increases relating to contributions from owners. An exchange transaction is one in which the entity receives assets or services, or has liabilities extinguished, and directly gives approximately equal value (primarily in the form of goods, services or use of assets) to the other party in exchange. Fair value is the amount for which an asset could be exchanged, or a liability settled, between knowledgeable, willing parties in an arm s length transaction. 1.8 Revenue from exchange transactions (continued) Measurement Revenue is measured at the fair value of the consideration received or receivable, net of trade discounts and volume rebates. Sale of goods Revenue from the sale of goods is recognised when all the following conditions have been satisfied: The entity has transferred to the purchaser the significant risks and rewards of ownership of the goods; The entity retains neither continuing managerial involvement to the degree usually associated with ownership nor effective control over the goods sold; 86 FILM AND PUBLICATION BOARD

89 Financial Statements for the year ended 31 March 2017 The amount of revenue can be measured reliably; It is probable that the economic benefits or service potential associated with the transaction will flow to the entity; and The costs incurred or to be incurred in respect of the transaction can be measured reliably. Rendering of services When the outcome of a transaction involving the rendering of services can be estimated reliably, revenue associated with the transaction is recognised by reference to the stage of completion of the transaction at the reporting date. The outcome of a transaction can be estimated reliably when all the following conditions are satisfied: The amount of revenue can be measured reliably; It is probable that the economic benefits or service potential associated with the transaction will flow to the entity; The stage of completion of the transaction at the reporting date can be measured reliably; and The costs incurred for the transaction and the costs to complete the transaction can be measured reliably. When services are performed by an indeterminate number of acts over a specified time frame, revenue is recognised on a straight line basis over the specified time frame unless there is evidence that some other method better represents the stage of completion. When a specific act is much more significant than any other acts, the recognition of revenue is postponed until the significant act is executed. When the outcome of the transaction involving the rendering of services cannot be estimated reliably, revenue is recognised only to the extent of the expenses recognised that are recoverable. Service revenue is recognised by reference to the stage of completion of the transaction at the reporting date. Stage of completion is determined by services performed to date as a percentage of total services to be performed. Interest Interest is recognised, in surplus or deficit, using the effective interest rate method. 1.9 Revenue from non-exchange transactions Non-exchange transactions are defined as transactions where the entity receives value from another entity without directly giving approximately equal value in exchange. Revenue is the gross inflow of economic benefits or service potential during the reporting period when those inflows result in an increase in nett assets, other than increases relating to contributions from owners. Fair value is the amount for which an asset could be exchanged, or a liability settled, between knowledgeable, willing parties in an arm s length transaction. Measurement Revenue is measured at the fair value of the consideration received or receivable, net of trade discounts and volume rebates. 1.9 Revenue from non-exchange transactions (continued) Government grants Government grants are recognised as revenue when: It is probable that the economic benefits or service potential associated with the transaction will flow to the entity, ANNUAL REPORT 2016/17 87

90 Financial Statements for the year ended 31 March 2017 Accounting Policies (continued) The amount of the revenue can be measured reliably, and To the extent that there has been compliance with any restrictions associated with the grant. The entity assesses the degree of certainty attached to the flow of future economic benefits or service potential on the basis of the available evidence. Certain grants payable by one level of government to another are subject to the availability of funds. Revenue from these grants is only recognised when it is probable that the economic benefits or service potential associated with the transaction will flow to the entity. An announcement at the beginning of a financial year that grants may be available for qualifying entities in accordance with an agreed programme, may not be sufficient evidence of the probability of the flow. Revenue is then only recognised once evidence of the probability of the flow becomes available. Restrictions on government grants may result in such revenue being recognised on a time proportion basis. Where there is no restriction on the period, such revenue is recognised on receipt or when the Act becomes effective, whichever is earlier. When government remit grants on a re-imbursement basis, revenue is recognised when the qualifying expense has been incurred and to the extent that any other restrictions have been complied with Borrowing costs Borrowing costs are interest and other expenses incurred by an entity in connection with the borrowing of funds. Borrowing costs are recognised as an expense in the period in which they are incurred Comparative figures Where necessary, comparative figures have been reclassified to conform to changes in presentation in the current year Fruitless and wasteful expenditure Fruitless expenditure means expenditure which was made in vain and would have been avoided, had reasonable care been exercised. All expenditure relating to fruitless and wasteful expenditure is recognised as an expense in the statement of financial performance in the year that the expenditure was incurred. The expenditure is classified in accordance with the nature of the expense, and where recovered, it is subsequently accounted for as revenue in the statement of financial performance Irregular expenditure Irregular expenditure as defined in Section 1 of the PFMA is expenditure other than unauthorised expenditure, incurred in contravention of, or, that is not in accordance with a requirement of any applicable legislation, including (a) This Act; or (b) The State Tender Board Act, 1968 (Act No. 86 of 1968), or any regulations made in terms of the Act; or (c) Any provincial legislation providing for procurement procedures in that provincial government. National Treasury practice Note No. 4 of 2008/2009 which was issued in terms of Sections 76(1) to 76(4) of the PFMA requires the following (effective from 1 April 2008): Irregular expenditure that was incurred and identified during the current financial year and which was condoned before yearend and/or before finalisation of the financial statements must also be recorded appropriately in the irregular expenditure register. In such an instance, no further action is also required with the exception of updating the note to the financial statements. Irregular expenditure that was incurred and identified during the current financial year and for which condonement is being 88 FILM AND PUBLICATION BOARD

91 Financial Statements for the year ended 31 March 2017 awaited at year-end must be recorded in the irregular expenditure register. No further action is required with the exception of updating the note to the financial statements. Where irregular expenditure was incurred in the previous financial year and is only condoned in the following financial year, the register and the disclosure note to the financial statements must be updated with the amount condoned. Irregular expenditure that was incurred and identified during the current financial year and which was not condoned by the National Treasury or the relevant authority must be recorded appropriately in the irregular expenditure register. If liability for the irregular expenditure can be attributed to a person, a debt account must be created if such a person is liable in law. Immediate steps must thereafter be taken to recover the amount from the person concerned. If recovery is not possible, the accounting officer or accounting authority may write-off the amount as debt impairment and disclose such in the relevant note to the financial statements. The irregular expenditure register must also be updated accordingly. If the irregular expenditure has not been condoned and no person is liable in law, the expenditure related thereto must remain against the relevant programme/expenditure item, be disclosed as such in the note to the financial statements and updated accordingly in the irregular expenditure register Budget information Entity are typically subject to budgetary limits in the form of appropriations or budget authorisations (or equivalent), which is given effect through authorising legislation, appropriation or similar. General purpose financial reporting by entity shall provide information on whether resources were obtained and used in accordance with the legally adopted budget. The approved budget is prepared on a accrual basis and presented by economic classification linked to performance outcome objectives. The approved budget covers the fiscal period from to The budget for the economic entity includes all the entities approved budgets under its control. The financial statements and the budget are on the same basis of accounting therefore a comparison with the budgeted amounts for the reporting period have been included in the statement of comparison of budget and actual amounts Related parties The entity operates in an economic sector currently dominated by entities directly or indirectly owned by the South African Government. As a consequence of the constitutional independence of the three spheres of government in South Africa, only entities within the national sphere of government are considered to be related parties. Management are those persons responsible for planning, directing and controlling the activities of the entity, including those charged with the governance of the entity in accordance with legislation, in instances where they are required to perform such functions. Close members of the family of a person are considered to be those family members who may be expected to influence, or be influenced by, that management in their dealings with the entity. Only transactions with related parties not at arm s length or not in the ordinary course of business are disclosed. 2. New standards and interpretations The following standards of GRAP have been issued but are not yet effective for the year ended 31 March 2016: ANNUAL REPORT 2016/17 89

92 Financial Statements for the year ended 31 March 2017 Accounting Policies (continued) GRAP 20 Related Party Disclosures The objective of this Standard is to ensure that a reporting entity s financial statements contain the disclosures necessary to draw attention to the possibility that its financial position and surplus or deficit may have been affected by the existence of related parties and by transactions and outstanding balances with such parties. GRAP 32 Service Concession Arrangements: Grantor The objective of this Standard is to prescribe the accounting for service concession arrangements by the grantor, a public sector entity. GRAP 34 Separate Financial Statements The objective of this Standard is to prescribe the accounting and disclosure requirements for investments in controlled entities, joint ventures and associates when an entity prepares separate financial statements. GRAP 35 Consolidated Financial Statements The objective of this Standard is to establish principles for the presentation and preparation of consolidated financial statements when an entity controls one or more other entities. GRAP 36 Investments in Associates and Joint Ventures The objective of this Standard is to prescribe the accounting for investments in associates and joint ventures and to set out the requirements for the application of the equity method when accounting for investments in associates and joint ventures. GRAP 37 Joint Arrangements The objective of this Standard is to establish principles for financial reporting by entities that have an interest in arrangements that are controlled jointly (i.e. joint arrangements). GRAP 38 Disclosure of Interests in Other Entities The objective of this Standard is to require an entity to disclose information that enables users of its financial statements to evaluate: GRAP 108 Statutory Receivables The objective of this Standard is to prescribe accounting requirements for the recognition, measurement, presentation and disclosure of statutory receivables. GRAP 109 Accounting by Principals and Agents The objective of this standard is to outline principles to be used by an entity to assess whether it is party to a principal agent arrangement, and whether it is a principal or an agent in undertaking transactions in terms of such an arrangement. GRAP 110 Living and Non-living Resources The objective of this Standard is to prescribe the: Recognition, measurement, presentation and disclosure requirements for living resources; and Disclosure requirements for non-living resources. 90 FILM AND PUBLICATION BOARD

93 Financial Statements for the year ended 31 March 2017 Notes to the Financial Statements Figures in Rands Restated* 3. Cash and cash equivalents Cash and cash equivalents consist of: Cash on hand Bank balances Short-term deposits Current year cash and cash equivalents balance will be used to finance commitments disclosed in Note 28 during the 2017/2018 financial year. 4. Receivables from exchange transactions Trade debtors Debtors Pre-payments Fair value of trade and other receivables Trade and other receivables Infrastructure, plant and equipment (Restated) Cost Accumulated depreciation Carrying value Cost Accumulated depreciation Carrying value Furniture and fittings ( ) ( ) Motor vehicles ( ) ( ) Office equipment ( ) ( ) Computer equipment ( ) ( ) Leasehold improvements ( ) ( ) Leased office equipment ( ) ( ) Leased motor vehicles ( ) ( ) Total ( ) ( ) ANNUAL REPORT 2016/17 91

94 Financial Statements for the year ended 31 March 2017 Notes to the Financial Statements (continued) Figures in Rands 5. Infrastructure, plant and equipment (continued) Reconciliation of infrastructure, plant and equipment 31 March 2017 Opening balance Additions Disposals Depreciation Impairment loss Total Furniture and fittings ( ) Motor vehicles ( ) ( ) Office equipment ( ) Computer equipment (46 187) ( ) Leasehold improvements ( ) Leased Office equipment ( ) Leased Motor vehicles ( ) ( ) ( ) Reconciliation of infrastructure, plant and equipment 31 March 2016 Opening balance Additions Disposals Depreciation Total Furniture and fittings ( ) Motor vehicles ( ) Office equipment ( ) Computer equipment (17 407) ( ) Leasehold improvements ( ) Leased Office equipment ( ) Leased Motor vehicles ( ) (17 407) ( ) Other information There were no assets held as security at reporting date. 92 FILM AND PUBLICATION BOARD

95 Financial Statements for the year ended 31 March Intangible Assets (Restated) Cost Accumulated amortisation Carrying value Cost Accumulated amortisation Carrying value Computer software ( ) ( ) Reconciliation of intangible assets 2017 Opening balance Additions Amortisation Total Computer software ( ) Reconciliation of intangible assets 2016 Opening balance Additions Amortisation Total Computer software ( ) Finance lease obligation Restated* Minimum lease payments due Within one year In second to fifth year inclusive Less: future finance charges ( ) ( ) Present value of minimum lease payments Non-current liabilities Current liabilities ANNUAL REPORT 2016/17 93

96 Financial Statements for the year ended 31 March 2017 Notes to the Financial Statements (continued) Figures in Rands 7. Finance lease obligation (continued) Film and Publication Board (FPB) has entered into a new lease agreement for eleven (11) vehicles for a period of three years (36 months) effective from 05 February 2016, ending 31 January The transaction has been treated as a finance lease as per the requirements of GRAP 13. The lease contract does not have an annual escalation. The FPB has entered into a lease agreement for six (6) photocopiers for a period of three years (36 months) effective from 01 March 2015, ending 28 February The transaction has been treated as a finance lease as per the requirements of GRAP 13. The lease contract does not have an annual escalation Interest rates are fixed at the contract date. All leases have fixed repayments and no arrangements have been entered into for contingent rent. 8. Payables from exchange transactions Restated* Trade payables Payments received in advanced contract in process Union contributions Debtors with credit balances Pension PAYE Salary & wages control Medical aid Sundry creditors FILM AND PUBLICATION BOARD

97 Financial Statements for the year ended 31 March Provisions Reconciliation of provisions 2017 Opening balance Additions Utilised during the year Total Performance bonuses ( ) Leave pay (93 848) Litigation and claims ( ) Reconciliation of provisions 2016 Opening balance Additions Utilised during the year Total Performance bonuses ( ) Leave pay ( ) Other provisions ( ) Provision for performance bonus is based on budgeted amount of R as per 2016/17 budget, payment for bonuses is not expected to exceed the budgeted amount. Provision raised for outstanding leave balances as at 31 March Provision raised for litigation and claims relating to an arbitration award granted against the FPB regarding a labour relations matter. 10. Revenue Restated* Regulation fees (Classification and Registration fees) Transfers from other government entities The amount included in revenue arising from exchanges of goods or services are as follows: Regulation fees (Classification and Registration fees) Other revenue Interest received investment ANNUAL REPORT 2016/17 95

98 Financial Statements for the year ended 31 March 2017 Notes to the Financial Statements (continued) Figures in Rands The amount included in revenue arising from non-exchange transactions is as follows: Transfers from other government entities Other revenue Sale of tender documents Other income and recoveries Investment revenue Restated* Interest revenue Interest from investment accounts Employees costs Salaries and bonuses Classifiers remuneration Medical aid company contributions UIF SDL Leave pay provision charge Retirement fund contributions Garnishee PAYE Salary temporary employees Average staff Total number of employees as at 31 March 2017: A total number of classifiers was 39 for period ended 31 March 2017 and total amount paid for classifiers remuneration amounted to R (31 March 2016: R ) excluding PAYE. The FPB also has an internship programme numbering 10 positions. 96 FILM AND PUBLICATION BOARD

99 Financial Statements for the year ended 31 March Administrative Restated* Advertising External audit fees Bank charges Cleaning Internal audit fees Consulting and professional fees FPB Council Insurance IT maintenance and infrastructure Lease rentals on operating lease Fleet Fuel and oil (Compliance Monitoring) Postage and courier Printing and stationery Public relations campaign Penalties Policy and research services Equipment: repairs and maintenance Security Staff development, recruitment and welfare Subscriptions and membership fees Telephone and fax Travel national Travel international Minor assets Water and lights Disposals of assets (23 909) Strategic planning Workshops and meetings FPB conference Lease expenses Review board (Tribunal Appeal) Storage classification material Receivables written-off Consulting services expenditure includes professional fees for prior and current year related to the projects undertaken as outlined in the Annual Performance Plans. Administrative and operational expenses are related to activities to pursue and achieve strategic outcomes. ANNUAL REPORT 2016/17 97

100 Financial Statements for the year ended 31 March 2017 Notes to the Financial Statements (continued) Figures in Rands 15. Finance Costs Restated* Finance leases Auditors' remuneration Fees Cash generated from operations Surplus Adjustments for: Depreciation and amortisation expense Loss on sale of assets Gain on sale of assets (48 930) (31 000) Finance costs finance leases Movements in provisions Changes in working capital: Receivables from exchange transactions ( ) ( ) Payables from exchange transactions ( ) Employee benefit obligations Retirement benefit payment The Film and Publication Board contributes for all qualifying employees the retirement benefits to a fund in which assets are held and controlled by Liberty Life. As at 31 March 2017, current services costs of R (31 March 2016 R ) were recognised as expenses which is limited to the contributions that were paid. Actual contributions paid during the current financial year have been disclosed as Note Taxation No provision has been made for taxation as the FPB is exempt from income tax in terms of section 10 of the Income Tax Act. The FPB is exempt from the payment of Value Added Tax (VAT), as a result VAT paid by the FPB is also not refundable by SARS. 98 FILM AND PUBLICATION BOARD

101 Financial Statements for the year ended 31 March Operating lease 20.1 Operating Lease Head Office Film and Publication Board has an outstanding commitment in respect of operating lease for head office situated in Centurion, The lease agreement was entered into for a period of 5 years effective from 1 February In February 2014, the Film and Publication Board acquired additional office space for their head office situated in Centurion, The lease agreement was entered into for a period of 3 years effective from 1 February Operating leases liabilities for these two leases fall due as follows: Annual escalations 10% Restated* Future Minimum Lease Payments Up to 1 Year or more years Operating Lease Durban Office The Film and Publication Board acquired additional office space for their Regional Office situated in Durban, The lease agreement was entered into for a period of 3 years effective from 1 August Operating leases liabilities for this lease fall due as follows: Annual escalations 9% Restated* Future Minimum Lease Payments Up to 1 Year Years or More Years ANNUAL REPORT 2016/17 99

102 Financial Statements for the year ended 31 March 2017 Notes to the Financial Statements (continued) Figures in Rands 20.3 Operating Lease Cape Town Office The Film and Publication Board acquired additional office space for their regional office situated in Cape Town, The lease agreement was entered into for a period of 5 years effective from 1 March Operating leases liabilities for this lease fall due as follows: Annual escalations 5.5% Restated* Future Minimum Lease Payments Up to 1 Year Years or more years Contingencies An employee of the Film and Publication Board (FPB) has been suspended during the financial year 2016/17. Consequently, pending the outcome of the investigation also suspended pending institution of possible disciplinary charges. The possible settlement of the amount is based on 6 months of the employees salary. An employee of the Film and Publication Board (FPB) has been suspended during the financial year 2016/17. Due to the position that the employee holds, the FPB saw it necessary to initiate proceedings at the CCMA and not to conduct internal hearing so as to ensure impartiality and fairness. The matter is due to proceed for arbitration and it is managements opinion that the FPB has good prospects of success. The estimate is based on the employees balance of the contract which is 18 months should FPB loose the case Restated* Contingent liability for labour disputes Contingent liability for labour disputes Events after the reporting date There are no events that came to the attention of management after the reporting date that require the reported figures to be adjusted. 100 FILM AND PUBLICATION BOARD

103 Financial Statements for the year ended 31 March Related parties The Film and Publication Board (FPB) has a related party relationship with the Department of Communications. The Department of Communications is the Executive Authority of the FPB. A total amount of R as at 31 March 2017 (31 March 2016: R ), was received from the Department of Communications. Related party transactions Restated Funding Department of Communications grant Remuneration of management Council Members 2017 Fee Total Name Mpumlwana NFT Chairperson Mangena S Deputy Chairperson Skeepers N Dithlake M Nevondwe LT Dubazana N Mudunungu NA Independent Audit and Risk Committee Members Fee Total Dhladhla M Nkosi Z** ANNUAL REPORT 2016/17 101

104 Financial Statements for the year ended 31 March 2017 Notes to the Financial Statements (continued) Figures in Rands 23. Related parties (continued) Council Members 2016 Fee Total Name Mpumlwana NFT Chairperson Mangena S Deputy Chairperson Skeepers N Ditlhake M Nevondwe LT Dubazana N Mudunungu NA Nicholls RGN* Molapo MJ* Ndaba S* Rataemane L* Independent Audit and Risk Committee Members Dhladhla M * Nicholls RGN, Molapo MJ, Ndaba S, and Rataemane L term ended in November Additional. ** Nkosi Z Appointed as an independent member of the Audit and Risk Committee effective from 01 October FILM AND PUBLICATION BOARD

105 Financial Statements for the year ended 31 March Related parties (continued) Executive management 2017 Salary Performance bonuses Retirement fund contributions Medical aid contributions Total Name Wakashe TP Chief Executive Officer** Risiba S Chief Operations Officer Kadi P Shared Service Executive Phahla DL Chief Information Officer Gouws R Chief Financial Officer Salary Performance bonuses Retirement fund contributions Medical aid contributions Total Name Wakashe TP Chief Executive Officer** Risiba S Chief Operations Officer Kadi P Shared Service Executive Phahla DL Chief Information Officer Gouws R Chief Financial Officer* * Gouws R was appointed on 01 August 2015 as the Chief Financial Officer (CFO) ** Mr Wakashe TP (CEO) had an arrangement with FPB where a car was hired from FPB travel agency Tourvest Travel Services for his personal and business use where he settles the rental expenses with Tourvest Travel Services through FPB by means of deduction from his salary on a monthly basis. The total amount for this transaction was R and the amount was settled end of November Risk management The FPB is only exposed to liquidity risk with regard to the payment of its payables and commitments. These payables are all due within the short-term. The FPB manages its liquidity risk by holding sufficient cash in its bank account, supplemented by cash available in investment accounts. ANNUAL REPORT 2016/17 103

106 Financial Statements for the year ended 31 March 2017 Notes to the Financial Statements (continued) Figures in Rands 24. Risk management (continued) At 31 March 2017 Less than 1 year Between 1 and 2 years Between 2 and 5 years Over 5 years Trade and other payables At 31 March 2016 Less than 1 year Between 1 and 2 years Between 2 and 5 years Over 5 years Trade and other payables Interest rate risk As the entity has no significant interest-bearing assets, the entity s income and operating cash flows are substantially independent of changes in market interest rates. Credit risk Credit risk consists mainly of cash deposits, cash equivalents, derivative financial instruments and trade debtors. The entity only deposits cash with major banks with high quality credit standing and limits exposure to any one counter-party. Trade receivables are exposed to a low credit risk as most of FPB' s revenue transactions require deposits. 25. Fruitless and wasteful expenditure Restated Opening Balance Reprint of annual report VAT paid to a non-vat vendor Interest penalty by SARS Penalties by Compensation Fund Accommodation booked and paid for, not utilised by employees Interest penalty by Telkom (1) Flight missed by employees (2) Accommodation booked and paid for, not utilised by employee (3) Car rental for extra days not authorised (4) Less: Amounts written-off* ( ) ( ) Less: Amounts recovered (9 382) (10 464) Total (1) FPB made payments on time. However, the account reference was not correct. Telkom has been requested to reallocate amounts to correct accounts. Confirmation of reversal of interest has been requested & the employee has been issued with a warning letter. (2) The employees missed the flight for various reasons and the flight was booked and paid for by FPB. The steps were taken against the employees concern. (3) Accommodation was booked and paid for by FPB, however not utilised by employees. The amount was recovered from one employee and the steps were taken for the other employee. (4) An employee delayed to return the hired vehicle to a rental company by extra 2 days & the car rental company charged FPB penalty. An investigation is underway. * The amount of R incurred during the 2011/12 financial year relates to a payment of VAT to a service provider not registered for VAT. Default judgement was granted against the service provider and the council approved the write-off. 104 FILM AND PUBLICATION BOARD

107 Financial Statements for the year ended 31 March Irregular expenditure Restated Opening balance Add: Irregular Expenditure current year Add: Irregular Expenditure prior year discovered in the current year Less: Amounts recoverable - ( ) Less: Amounts condoned ( ) ( ) Irregular expenditure awaiting condonement/payment Management did not detect any irregular expenditure for the year ended 31 March Prior period errors 27.1 Restatement of infrastructure, plant and equipment During the assessment of fixed assets register it was identified that all the minor assets were not capitalised into the main fixed assets register. Management took a policy decision that all the minor assets must be capitalised in the main fixed assets register and retrospective restatements (on initial recognition per asset) were required to ensure that all the assets are recorded at the correct value as at 31 March The correction of the error(s) results in adjustments as follows: Statement of Financial Position Infrastructure, plant and equipment ((Increase/(Decrease)) (12 963) Intangible assets ((Increase/(Decrease)) (13 380) Statement of Financial Performance Depreciation and amortisation expense ((Increase/(Decrease)) ( ) 27.2 Revenue recorded in the incorrect financial year During the review of regulation fees 2016/17 it was noted that certain contract start dates refer to the 2015/16 financial year, however all the revenues were recorded in the 2016/17 financial year. Therefore based on the accrual accounting principle, a portion of the revenue needs to be recognised in different accounting period. The correction of the error(s) results in adjustments as follows: Statement of Financial Position Income receivable control account (Decrease) Statement of Financial Performance Online license fees (Increase) ( ) - ANNUAL REPORT 2016/17 105

108 Financial Statements for the year ended 31 March 2017 Notes to the Financial Statements (continued) Figures in Rands 27.3 Computer software recorded in the incorrect financial period During the year 2016/17 we received a credit note that relates to 2015/16 financial period from a supplier who overcharged us on computer software. The correction of the error(s) results in adjustments as follows: Statement of financial position Computer software ( ) - Accounts payable Commitments Restated Authorised capital expenditure Already contracted for but not provided for Property, plant and equipment Total capital commitments Already contracted for but not provided for Authorised operational expenditure Already contracted for but not provided for Operating expenditure contracted Total operational commitments Already contracted for but not provided for Commitments disclosed relates to contracts awarded but not completed before 31 March The operating lease commitments have been disclosed in Note 20. Cash and cash equivalents balance disclosed in Note 3 as well as the MTEF budget will be utilised to finance these commitments during the 2016/17 financial year. 29. Changes in accounting estimate GRAP 17 Infrastructure, plant and equipment requires the review of the useful life of an asset at least at each financial year end. The FPB did not revise its useful life as at 31 March FILM AND PUBLICATION BOARD

109 7 SECTION Performance Information Report ANNUAL REPORT 2016/17 107

110 Strategic Outcome 1 Programme Programme Indicators Strategic Objectives Strategic Initiatives Actual Performance 2015 / 16 Number of games reviewed on FPB ONLINE Industry Compliance Number of reports captured on system by all Classifiers & QA's Implement a Content regulation framework that ensures 100% classification and labelling of classifiable material submitted; whilst ensuring broad convergence with societal norms and values To implement a content classification and labelling system (includes, industry regulation model and content labelling and verification) Achieved Classification and registrations processes automated. FPB Online and ERMS Number of games audited Not achieved Games audit model developed late % content classified Achieved 100% classification of all legible material Classify 100% of legible submissions 108 FILM AND PUBLICATION BOARD

111 Effective and visible monitoring of films, games and certain publications throughout the entire value chain (content creators, producers and distributors of FPG s) to protect children and inform the general public Target 2016 / 17 Actual Performance 2016 / 17 YTD Analysis Evidence Reason for Variances ERMS functional most of the time during the year Game classification that was on FPB Online has been removed to be part of the OCR project Reporting system used by Compliance Monitors although the tools to use the system are not enough Not achieved Chief Classifiers Incident Reports Internal FPB Stakeholder s The Compliance Monitoring Reporting systems effectiveness report Some errors and gaps have been identified on the ERMS system and escalated to the IT unit Game classification that was on FPB Online, has been removed to be part of the OCR project Implement Automated Process QA, Chief Classifers and Classifiers reports not captured electronically in real-time have been uploaded on to the ERMS system Achieved Classifier reports as well as QA reports Not all reports were captured electronically in real-time on the ERMS system during the quarter. The upload functionality was enabled on the ERMS system so that reports could be uploaded. Laptops have been used by QA unit and many QA evaluations have been captured on the ERMS system during Q4. Laptops procured for theatre classification and equipped with the necessary functionality Conduct a Review of the FPB ONLINE Audit Process Consultations with the industry held and feedback obtained. Recommendations and inputs considered and are currently being incorporated in the OCR project that is currently underway Not achieved Project plan and milestone of OCR The OCR system has not been implemented as yet Classify 100% of legible submissions 100% (1805 titles) of all legible content submitted was classified during the 2016/2017 financial year Achieved Classification Reports None ANNUAL REPORT 2016/17 109

112 Strategic Outcome 1 (continued) Programme Programme Indicators Strategic Objectives Strategic Initiatives Actual Performance 2015 / 16 Levels of adherence to Classification Governance Framework Achieved Governance framework reviewed Industry Compliance (continued) Implement a content regulation framework that ensures 100% classification and labelling of classifiable material submitted; whilst ensuring broad convergence with societal norms and values (continued) To implement a content classification and labelling system (includes, industry regulation model and content labelling and verification) Number of trained classifiers Achieved - Classifiers training conducted 110 FILM AND PUBLICATION BOARD

113 Effective and visible monitoring of films games and certain publications throughout the entire value chain (content creators, producers and distributors of FPG s) to protect children and inform the general public Target 2016 / 17 Actual Performance 2016 / 17 YTD Analysis Evidence Reason for Variances Training on the Governance Framework was conducted with the 8 Durban Classifiers in February 2017 Monthly QA tracking sheet Individual Classification reports Implement Classification Governance Framework Training was conducted with the Durban Chief Classifiers in February 2017 Training on the Governance Framework was conducted with the 9 new Gauteng Chief Classifiers in January and February 2017 Training was conducted with all the Gauteng Classifiers in March 2017 Achieved Attendance Forms Classification decision inquiry forms feedback to Classifiers s to Classifiers in breach of the Classification Governance Framework None 40 FPB Classifiers and 4 contracted online distributors were trained. Roll out the classification training manual to all classifiers and contracted distributors Games training was conducted with 7 Gauteng Classifiers 3 Gauteng and 1 Durban pre-workshop meetings conducted as part of needs analysis for training. 6 Workshops and training was conducted with the Gauteng and Durban Classifiers as compulsory quarterly training and debriefings. Achieved Impact assessment report Attendance Registers Workshop reports Workshop assessments by Classifiers Training Reports None Training was conducted with On-Tap TV and Pride TV and feedback on the classification reports was provided to Show Max management ANNUAL REPORT 2016/17 111

114 Strategic Outcome 1 (continued) Programme Programme Indicators Strategic Objectives Strategic Initiatives Actual Performance 2015 / 16 Number of materials labelled Partially achieved Report for labelling strategy developed Number of people in attendance at public dialogues To implement a content classification and labelling system (includes, industry regulation model and content labelling and verification) (continued) Not achieved policy approved by Council and submitted to Minister Industry Compliance (continued) Online games and applications classification model Implement a content regulation framework that ensures 100% classification and labelling of classifiable material submitted; whilst ensuring broad convergence with societal norms and values (continued) N/A Approved classification guidelines review plan 2) To review and gazette classification guidelines Achieved Guidelines review plan developed Number of convergence surveys conducted 3) To continuously evaluate the convergence of societal norms and values to FPB classification ratings Not achieved 3000 Convergence surveys not conducted. Deferred to 16/ FILM AND PUBLICATION BOARD

115 Effective and visible monitoring of films games and certain publications throughout the entire value chain (content creators, producers and distributors of FPG s) to protect children and inform the general public Target 2016 / 17 Actual Performance 2016 / 17 YTD Analysis Evidence Reason for Variances Review and approval of the labelling system Strategy submitted for council approval Not achieved Proposed labelling strategy Discussion document The draft labelling strategy document was only finalised in quarter Capacity challenges led to the delay Approval and implementation of the online policy The online policy is held in abeyance on the Minister s request pending the finalisation of the amendment bill Not achieved None The online policy is held in abeyance on the Minister s request pending the finalisation of the FP amendment bill Review and implement online and classification tools for online games and apps classification by industry. Updates to IARC and visa-versa communication A resolution has been passed by council that FPB will be a 'normal' member Achieved Signed tariff review update to IARC Minutes of OPITCOM & Council meetings Report on FPB's attendance of IARC International Ratings Summit in USA None Implementation of internationally reviewed guidelines (To be rephrased as: implementation of reviewed guidelines) Guidelines review scope and plan developed Achieved Approved guidelines review plan Classification reports No available information Conduct convergence surveys 9000 respondents 9000 surveys completed in all 9 provinces Achieved Convergence surveys report of survey findings None ANNUAL REPORT 2016/17 113

116 Strategic Outcome 1 (continued) Programme Programme Indicators Strategic Objectives Strategic Initiatives Actual Performance 2015 / 16 Number of focus groups held Revised tariff structure Implement a content regulation framework that ensures 100% classification and labelling of classifiable material submitted; whilst ensuring broad convergence with societal norms and values (continued) 3) To continuously evaluate the convergence of societal norms and values to FPB classification ratings (continued) 4) To review fees structure and tariff for registration, classification and penalties for non compliance with the Films and Publications Act Achieved Focus groups conducted / quarter N/A Industry Compliance (continued) 5) To review Films and Publications Act to appropriately regulate the FPGs industries Achieved Draft Bill developed. Signed online regulation agreements with Apple, Google, MultiChoice Number of unregistered distributors identified Implement relevant initiatives geared towards ensuring at least 75% industry compliance including extending compliance monitoring initiatives throughout the value chain of production, creation, distribution of the FPGs by 2017 To implement measures to ensure Compliance with the Films and Publications Act, by the FPGs industry Achieved 2703 unregistered distributors identified N/A 114 FILM AND PUBLICATION BOARD

117 Effective and visible monitoring of films games and certain publications throughout the entire value chain (content creators, producers and distributors of FPG s) to protect children and inform the general public Target 2016 / 17 Actual Performance 2016 / 17 YTD Analysis Evidence Reason for Variances Conduct 4 focus groups to assess implementation of guidelines 6 Focus group discussions conducted in 6 provinces Achieved Focus groups attendance registers Focus group transcripts/notes Focus group research report None Develop and Implement revised fees structure & tariff for physical and online content regulation and classification The FPB revised fees and tariffs were approved by council Achieved Final fees structure & tariff approved by Council None Implement regulation and ensure compliance to FP Act Achieved processed draft Bill in Parliament. Achieved Report on the Bill Draft presentation on the Bill correspondence Progress depends on Parliament s schedule. Identification of unregistered distributors on physical platforms: unregistered distributors identified Achieved Visitation/inspection slips Improved planning and reporting processes in the unit Conversion of distributors on physical platforms: 25% of unregistered 444 (16%) New distributors have been identified for the financial year Not achieved FPB Online Target dependant on distributors ANNUAL REPORT 2016/17 115

118 Strategic Outcome 1 (continued) Programme Programme Indicators Strategic Objectives Strategic Initiatives Actual Performance 2015 / 16 Number of new distributors identified Achieved conducted 2600 online inspections Number of raids conducted To implement measures to ensure Compliance with the Films and Publications Act, by the FPGs industry Achieved 24 raids conducted Industry Compliance (continued) Number of inspections Develop and implement a compliant Knowledge Management System Achieved 6000 targeted inspections conducted Level of KIM Compliance To develop a compliant KIM system Achieved Developed KM Strategy and Policy Developed KM implementation plan Conducted ECM audits (Target moved from SO3) Volume of documents approved for off-site storage Volume of documents destroyed Achieved implementation of records management policy and plan. Training of KM Champions 116 FILM AND PUBLICATION BOARD

119 Effective and visible monitoring of films games and certain publications throughout the entire value chain (content creators, producers and distributors of FPG s) to protect children and inform the general public Target 2016 / 17 Actual Performance 2016 / 17 YTD Analysis Evidence Reason for Variances Online compliance monitoring to ensure compliance of 2500 online distributors Annual Totals for financial year 2016/17 are as follows: Online inspections: 1776 ISP inspections: 1015 itunes inspections: 960 Achieved Online visitation database Reports Visitation/inspection slips Improved reporting and processes Social networks: 781 Conduct 24 raids with law enforcement to enforce compliance with the Act 94 raids have been conducted this financial year Achieved Raid confirmation report Better relationships were built with law enforcement agencies Inspection of existing distributors (Targeted) to physical platforms: distributors have been inspected Achieved Visitation slips Improved planning and processes within the unit Attendance register Implement a training program for KM Champions and staff ECM Training manual developed and approved Unit training sessions on ECM and records management Records management training for administrators and KM Champions Achieved Minutes of session Submission for Administrator training Sample certificates or list of officials who passed records management course None Implement an off-site storage and documentation destruction project Clean up Fridays to collate list of FPB records Appointment of an off-site storage facility for FPB records List of records due for destruction approved by CEO Achieved Approved ToR's for advertisement Clean up Fridays report Tender evaluation report None ANNUAL REPORT 2016/17 117

120 Strategic Outcome 1 (continued) Programme Programme Indicators Strategic Objectives Strategic Initiatives Actual Performance 2015 / 16 Achieved research agenda develop published study 'Impact of Media Material on Children' Approved research agenda Industry Compliance (continued) Conduct industry research to enhance regulation To implement research programs to inform regulation policy Not achieved Partnered with 1 university Number of people accessing hub Number of partners placing content in hub Achieved Business requirements document developed 118 FILM AND PUBLICATION BOARD

121 Effective and visible monitoring of films games and certain publications throughout the entire value chain (content creators, producers and distributors of FPG s) to protect children and inform the general public Target 2016 / 17 Actual Performance 2016 / 17 YTD Analysis Evidence Reason for Variances Compile and annual research agenda Research agenda questionnaires distributed to managers and executives Achieved Online questionnaire Survey report 5 year research agenda in place Convergence surveys Tariff review No additional research projects were requested for 16/17 financial year. However 5 year research agenda in place and implemented Partner with at least 2 universities to leverage research capacity and assist with FPB knowledge creation Partnership entered with UNISA on content classification course Request for 2nd university partnerships made, inadequate responses received Not achieved Signed UNISA sponsorship agreement Course outline on UNISA website Call for proposals for 2nd university partnership Requirement to call for proposals on FPB and NT database when looking at partnership opportunities. Poor response rate from universities on FPB database. Active website Info Hub marketing and maintenance Info Hub developed and tested Marketing plan developed Engagement with stakeholders for partnership Achieved Testing report communique to Web Rangers partners Presentation of Info Hub concept at stakeholder engagement session None Marketing plan ANNUAL REPORT 2016/17 119

122 Strategic Outcome 2 Programme Programme Indicators Strategic Objectives Strategic Initiatives Actual Performance 2015 / 16 Number of newsletters issued; number of people reached through marketing, media, digital and outreach; number of people through external newsletters To develop and position the FPB's brand and corporate identity Achieved Improve FPB brand identity and issue 4 quarterly copies of The Scene newsletter. Issue 4 newsletters of The Scene, shifting to digital per quarter and there will be 100 print copies per quarter. Branding and marketing Number of opinion pieces published Achieved medial relations plan developed. Opinion pieces written and circulated in media Number of media dialogues hosted To improve FPB's relationship with the media Achieved 2 media dialogues, 4 TV features, 4 Radio features Number of TV interviews broadcast To meet the social cohesion imperative by informing consumers, society and industry Achieved 7 television interviews, 7 online articles Number of outreach activities and people reached Campaigns and community outreach Achieved Campaigns and community outreach plan implemented Public education and awareness Increase in percentage on social media platforms To improve FPB's digital and social media platforms Achieved Digital and social media strategy developed and implemented. Increase Facebook and Twitter fans by 20% each respectively No. of internal newsletters produced No. of staff workshops To implement the Internal communications projects Achieved internal newsletter. Quarterly staff workshops (Moved from SO3) 120 FILM AND PUBLICATION BOARD

123 Consumers, general members of the public and industry informed about the mandate of the FPB Target Actual Performance YTD Analysis Evidence Reason for Variances 2016 / / 17 Issue 4 quarterly external newsletter copies (The Scene) 8 newsletters issued Achieved Copies of The Scene issued None Develop media relations plan for FPB programmes and units 3 opinion pieces Achieved Monthly media reports Opinion pieces None 4 media dialogues hosted 4 media dialogues hosted Achieved Activity reports Attendance registers None 10 television interviews conducted 15 radio interviews conducted 20 print/online articles 44 television interviews conducted 70 radio interviews conducted 884 print & online articles Achieved January, February and March monthly media report Press releases distributed None Develop and implement outreach and public education campaigns *Support Minister and CEO's engagements *Participate in National Days Exhibitions 32 outreach activities were conducted 4 quarterly outreach and public education M&E reports compiled Achieved Attendance registers Activity reports None Develop digital media plan for approval *Increase social media numbers by 5% Compile quarterly digital Media M&E report Social media numbers increased by 16.5% 4 quarterly Digital Media M&E report compiled Achieved Copies of The Script newsletter issued Staff workshop attendance register None Implement approved internal communications plan *Issue 6 bi-monthly internal newsletter copies of (The Script) 7 internal newsletters issued 4 staff workshops convened Achieved Online regulation policy None ANNUAL REPORT 2016/17 121

124 Strategic Outcome 3 Programme Programme Indicators Strategic Objectives Strategic Initiatives Actual Performance 2015 / 16 Level of implementation of Council approved structure % change in turnover rate Achieved recruitment conducted as per staff turnover Organisational Capacity Capability Develop and maintain organisational capacity through implementation of the turnaround strategy To implement turnaround support programme % Change in remuneration Number of job grades reviewed Achieved job grading, organisational development report, submission of payables approved job profiles reviewed, 122 FILM AND PUBLICATION BOARD

125 Effective and efficient management of FPB Operations Target Actual Performance YTD Analysis Evidence Reason for Variances 2016 / / 17 Recruitment in response to turnover Provisional recruitment plan Advertisements Review and implement approved FPB structure changes Development and implementation of Durban Pilot Programme for classifiers FPB Structure review report to Exco Mandate obtained from Council for continuation of negotiation on a multi-year agreement Achieved Submissions Organizational structure staffing report Recommendation for appointments None Union negotiations conducted, concluded for 2016/17 Salary adjustments implemented 2016/17 Backpay for salary adjustments implemented 2016/17 Quarterly remuneration analysis report Implement Remuneration Strategy Implement Multiyear Agreement. Pay Progression. SMS adjustments implemented 2016/17 Backpay for SMS adjustments implemented 2016/17 Successful submission of IRP5 reconciliation for the 2017 tax year Performance bonus implemented as per Council resolutions for staff and executive management (2015/16) paid in 2017 Not achieved Proposal on salary negotiations for the years 2017/18 and 2018/19 (Multi-year agreement) (HR/Remco) cover page of submission Proposal for FPB executive and senior management remuneration increases for the financial year 2017/18 cover page of submission Multi-year agreement on pay progression not accepted by parties concerned Performance bonus implemented for executives as per Council resolution Payscales and market benchmark received from PE Corporate Job Profiles reviewed Remuneration analysis conducted ANNUAL REPORT 2016/17 123

126 Strategic Outcome 3 (continued) Programme Programme Indicators Strategic Objectives Strategic Initiatives Actual Performance 2015 / 16 to implement turnaround support programme Partially achieved coaching conducted with management and specialists, staff climate survey conducted Organisational Capacity Capability Levels of implementation of change management program Develop and maintain organisational capacity through implementation of the turnaround strategy To develop and implement Skills Plan Achieved PDP of staff completed, skills plan developed, training and development monitoring system implemented N/A 124 FILM AND PUBLICATION BOARD

127 Effective and efficient management of FPB Operations Target Actual Performance YTD Analysis Evidence Reason for Variances 2016 / / 17 Conclusion of coaching agreement with Fresh Thinking Review of Organisational Culture Program 2016/17 Values and Diversity Workshop conducted for staff 23 September 2016 Management actions to address issues raised in FPB exit interviews Revise, implement and evaluate change management programme. Cultural Diversity Workshop held for classifiers Team based coaching report submitted to HR/Remco Achieved Internal audit acting register FPB satisfaction survey results report None Individual coaching implemented for 1 staff member Coaching session attendance register Implement organisational skills plan Meetings with unit managers Worplace skills plan successfully submitted to MICT Seta. Career Development Programme successfully completed for 2015/16 Internship. Computer Literacy Programme run. First Aid training conducted. Prince 2 Training conducted. Educational assistance paid for second semester. Recruitment for new internship completed interns started 01 October Call for educational assistance for 2017 academic year. Training conducted for Durban Pilot Group classifiers. Induction conducted for internship programme. Quarterly induction for staff held Business writing and minute taking course conducted. Training progress reported to HR/ Remco. Knowledge Management Training conducted. Achieved ICAS intervention team wellness audit Annual training report Training attendance registers Report on the application of the fpb educational assistance policy for the 2016 academic year Workplace skills plan Training submissions Training certificates Submissions for educational assistance Career development programme attendance registers None ANNUAL REPORT 2016/17 125

128 Strategic Outcome 3 (continued) Programme Programme Indicators Strategic Objectives Strategic Initiatives Actual Performance 2015 / 16 To develop and implement skills plan (continued) N/A new target Organisational Capacity Capability (continued) Levels of implementation of change management program Develop and maintain organisational capacity through implementation of the turnaround strategy (continued) To implement HR management improvement and compliance programme Achieved 0 FPB HR strategy implemented 126 FILM AND PUBLICATION BOARD

129 Effective and efficient management of FPB Operations Target Actual Performance YTD Analysis Evidence Reason for Variances 2016 / / 17 FPB succession planning report Formulation and draft of succession plan. Acting letters Acting register Implement and revise approved succession plan Approval of succession plan by Exco. Implementation of acting arrangements as per acting allowance policy. Achieved PDP with career path indicator Presentation to assistant manager/specialist level Letters to candidates for programme in management development (GIBS HYBRID) None Approved FPB HR Strategy implementation HR strategy revised and approved by SSE Policy review conducted based on the 2016/17 report HR Policies presented at the staff workshop Policies revised and signed by Council. Quarterly health and safety meeting conducted. Quarterly equity meetings conducted. Employment Equity (EEA) race/ gender profile revised and updated EE race and gender profile report to HR/Remco. Quarterly debriefing conducted for classifiers and operational staff. Additional debriefing conducted as per request Environmental health and safety checks conducted + checklists submitted Performance reporting documentation received Achieved Policy register Submissions revised policy Staff workshop presentation Wellness report ICAS Connect elcare notices Emotional debriefing session feedback report Wellness day stats report EEA Stats update Performance assessments for staff Performance register None ANNUAL REPORT 2016/17 127

130 Strategic Outcome 3 (continued) Programme Programme Indicators Strategic Objectives Strategic Initiatives Actual Performance 2015 / 16 Tariffs implemented % change in costs Approved office expansion plan Increase FPB revenue base by 3% through exploration of potential revenue generation streams and implement cost savings measures To amend regulation fees structure To develop an organisational cost saving plan (CSP) Facilitate the acquisition of office accommodation Achieved implement revised tariffs as approved by Minister N/A new target N/A new target Organisational Capacity Capability (continued) Number of contracts To ensure effective and efficient administration of the FPB and ensure compliance with applicable legislative and other requirements 3) To implement relevant finance and supply chain management initiatives N/A new target N/A new target Classification trend statistics To conduct regular trends analysis Not Achieved trends analysis not conducted Implementation of an efficient Customer Care Centre Levels of customer satisfaction and adherence to customer care standards Queries turnaround times Effective and efficient management of FPB operations Implement customer care initiatives that improves efficiency in customer service Achieved N/A new target Level of progress in decentralisation Enhance automated processes in the customer service value chain to improve service efficiency Partially achieved Proposal developed but not approved 128 FILM AND PUBLICATION BOARD

131 Effective and efficient management of FPB Operations Target Actual Performance YTD Analysis Evidence Reason for Variances 2016 / / 17 Implement revised tariffs as approved by Minister Revised tariffs implemented Achieved Sample invoices as per the approved Tariffs None Implement 50% of the cost saving initiatives as per the plan Cost savings initiatives implemented Achieved Cost savings initiative report None Initiate the approved office expansion strategy Office expansion plan developed as per organisational needs Achieved Preliminary budget and confirmation of funds Organogram None Enter into 2 contracts for sourcing identified key goods and services Contracts concluded Achieved RFQ: Printing services, Approved PO, SCM Supporting documents None 50% of all transactions over R100,000 must be awarded to companies with a B-BBEE contribution level of 3 and lower 50% of all transactions over R100, 000 awarded to companies with B-BBEE credentials SCM report on BBBEE spending/compliance matrix report None Conduct quarterly trends analysis Quarterly trends analysis report Q1-Q4 ( ) compiled Achieved Quarterly Trends Analysis Report Q1-Q4 None Implementation of call centre system to ensure efficient service delivery Implementation of customer care standards. Service delivery & customer care standards report on survey findings review and recommendations report compiled. Achieved Not achieved Implementation reports Customer Care Standards Service delivery & customer care standards Report on survey findings review and recommendations report Queries Analysis report Nethelpdesk Call Logging system s Reports None Delays in response to queries Decentralise administration of distributor license applications to regional offices Commenced classification in the Durban region. Multi-unit launch of classification in Durban Achieved Pilot project concept and Council approval Pilot project report Report on the multi-unit launch of classification in Durban None ANNUAL REPORT 2016/17 129

132 Strategic Outcome 3 (continued) Programme Programme Indicators Strategic Objectives Strategic Initiatives Actual Performance 2015 / 16 Implementation of an efficient Customer Care Centre (continued) Maintain Acceptable queries management standards Registration and classification turnaround times Number of surveys distributed Number of respondents Customer satisfaction levels Effective and efficient management of FPB operations Enhance automated processes in the customer service value chain to improve service efficiency (continued) Achieved Achieved surveys conducted with 150 respondents Marketing and Publicity of the contact centre Number of people reached in marketing plan Marketing and publicity of the contact centre Achieved Contact centre marketed on FPB social media platforms and industry newsletters Administration and Compliance Organisation compliance levels To ensure effective and efficient administration of the FPB and ensure compliance with applicable legislative and other requirements To develop and implement an organisational compliance and risk management strategy (includes fraud prevention and response, business continuity management and disaster recovery) Achieved 130 FILM AND PUBLICATION BOARD

133 Effective and efficient management of FPB Operations Target Actual Performance YTD Analysis Evidence Reason for Variances 2016 / / 17 Accurate and timely distributor licenses issued within the set turnaround time. 100% of licenses issued within 10 day turnaround times Achieved Turnaround times reports for Classification & registrations/renewals FPB Online system challenges Conduct quarterly surveys to assess quality of service rendered targeting 150 respondents 168 Surveys conducted 162 Online 6 Physical Achieved Comprehensive analysis of survey feedback client satisfaction analysis report None Marketing and publicity of the contact centre in line with the communication strategy Articles marketing centre published in FPB newsletter and FPB social media pages Achieved Articles published None Compliance management reporting Quarterly compliance management reports prepared and submitted Achieved Quarterly compliance management report prepared and submitted Audit and Risk Committee and Council None ANNUAL REPORT 2016/17 131

134 Strategic Outcome 3 (continued) Programme Programme Indicators Strategic Objectives Strategic Initiatives Actual Performance 2015 / 16 Risk maturity levels Risk maturity Achieved Effectiveness of fraud prevention strategies Risk maturity Achieved Administration and Compliance (continued) To ensure effective and efficient administration of the FPB and ensure compliance with applicable legislative and other requirements (continued) Fraud prevention Achieved Fraud prevention policy, strategy and plan developed Effectiveness of fraud prevention strategies Business continuity and disaster recovery Partially achieved business continuity management plan and disaster recovery plans developed by not approved by Council 132 FILM AND PUBLICATION BOARD

135 Effective and efficient management of FPB Operations Target Actual Performance YTD Analysis Evidence Reason for Variances 2016 / / 17 Updated strategic risk register and operational risk registers Increased organisational risk maturity levels Risk register reviewed and updated on a quarterly basis Achieved s to all FPB staff sharing risk information or knowledge None Approved policies Updated strategic risk register and operational risk registers Increased organisational risk maturity levels Risk register reviewed and updated on a quarterly basis Achieved s to all FPB staff sharing risk information or knowledge None Approved policies Presentation at staff workshop Implementation of fraud prevention strategy and plan Fraud prevention plan implemented Achieved Fraud awareness s on fraud topics and legal brief forensics Fraud risk assessment None Policies approved during financial year available in electronic format Annual update and implementation of business continuity management plan and disaster recovery plans BCM not completed due to unavailability of disaster recovery site Not achieved Approved policies Quarterly reporting to the Audit & Risk Committee There was no disaster recovery site test as the service provider had not been appointed due to the appointment processes being delayed ANNUAL REPORT 2016/17 133

136 Strategic Outcome 3 (continued) Programme Programme Indicators Strategic Objectives Strategic Initiatives Actual Performance 2015 / 16 Effectiveness of fraud prevention strategies (continued) 2) To implement an organisational performance planning, management and reporting initiative including automating the process Achieved Quarterly performance information reports compiled and submitted to Executive Authority Achieved Annual strategy review conducted and submitted to EA Administration and Compliance To ensure effective and efficient administration of the FPB and ensure compliance with applicable legislative and other requirements (continued) 3) To implement relevant finance and supply chain management initiatives Achieved 100% Compliance with SCM policy % change in compliance levels Ensure sound governance of Council and it's committees Achieved 100% compliance with corporate governance framework Achieved 100% compliance with corporate governance framework Develop a Council annual programme Achieved 100% implementation of annual Council programme 134 FILM AND PUBLICATION BOARD

137 Effective and efficient management of FPB Operations Target Actual Performance YTD Analysis Evidence Reason for Variances 2016 / / 17 Implement the organizational performance planning management. Quarterly performance information reports prepared and submitted to the Minister, Deputy Minister and Director General of the Department of Communications and the Department of National Treasury Achieved Quarterly performance information reports None Conduct annual strategic planning process Management development of APP Council review and approval of strategy and APP Submission of 3 versions of strategy and APP to DoC and NT Achieved Staff session attendance register and report Council register and report Stamped strategy and APP None 100% compliance with SCM policy Implement contract management directive Accountability of all assets and quarterly physical verification 100% compliance with SCM policy Contract management directive implemented Quarterly asset verification conducted Achieved Compliance matrix report; National Treasury legislation issued between 01 April 2016 to 31 March 2017 SCM SLA tracking document Physical verification report None 100% compliance with the corporate governance framework 100% Compliance with requirements of corporate governance framework Achieved Signed charters signed terms of reference Signed code None 100% compliance with the corporate governance framework 100% Compliance with requirements of corporate governance framework Achieved Signed declaration forms None 100% implementation of the annual programme 100% implementation of annual Council programme Achieved Approved annual council programme None ANNUAL REPORT 2016/17 135

138 Strategic Outcome 4 Program Program Indicators Strategic Objectives Strategic Initiatives Actual Performance 2015 / 16 Number of registered online distributors Online regulatory system No of content submitted and registered online To develop and implement an online content regulation strategy and framework Partially achieved appointed service provider to develop OCR system Online and mobile content regulation Systems integration project phases of implementation Phases of automation Phases of implementation Development and implementation of a content regulation framework that ensures 100% classification and labelling of classifiable content distributed on online, mobile and related platforms, by 2017 Implementation of systems integration Automation of business processes Achieved test cases and configuration of Pastel Modules conducted (Target Moved from SO3) Achieved FPB Online and ERMS N/A New target IT governance assessment Levels of upgrade N/A New target Percentage system availability N/A New target 136 FILM AND PUBLICATION BOARD

139 Ensure effective and innovative regulation of the content distributed on online, mobile and related platforms to protect children and inform the general public Target Actual Performance YTD Analysis Evidence Reasons for Variances 2016 / / 17 Implement online content regulation system and compliance monitoring tools OCR System developed and is in pilot phase Not achieved Project status updates System not reviewed as it is in pilot phase. Post implementation Review to be conducted once system is live Complete implementation of systems integration Systems integration to IGN concluded Project signed off Achieved Sign-offs reports Project status report None Complete all process automation Business proceed automation completed successfully System is live and signed off Achieved Final User Acceptance and Testing (UAT) Sign-off post systems implementation None Implement recommendations of the health check and AG (Auditor General) Config Tool Still Live On 60 Day Trial License Procurement process for tool still underway Achieved Configure management reports. Further engagement between the ICT Unit & SCM Unit around the procurement of the specificallychosen configuration tool. Upgrade of the Data Centre Data centre upgrades commissioned and tested System is live & functional Achieved Signed delivery reports None Achieve 98% system availability quarterly 98.8% System availability achieved. Achieved Monitoring reports (Server & WAN) None ANNUAL REPORT 2016/17 137

140 Strategic Outcome 4 (continued) Program Program Indicators Strategic Objectives Strategic Initiatives Actual Performance 2015 / 16 Number of complaints received Achieved Online and mobile content regulation (continued) Number of workshops conducted Number of recommendations implemented Training conducted Development and implementation of a content regulation framework that ensures 100% classification and labelling of classifiable content distributed on online, mobile and related platforms, by 2017 (continued) Implement initiatives to ensure cyber safety/child online protection N/A New target N/A New target Achieved INHOPE online training and certification of CPU officer Number of educators trained Partially achieved 266 educators trained 138 FILM AND PUBLICATION BOARD

141 Ensure effective and innovative regulation of the content distributed on online, mobile and related platforms to protect children and inform the general public Target Actual Performance YTD Analysis Evidence Reasons for Variances 2016 / / 17 Review and implement online and telephonic tools for addressing cyber-safety of children 1599 reports have been received for the year Achieved RMS Report MOU between SAPS and FPB attendance register None Roll out cyber-safety and child protection initiatives in 6 provinces Cybersafety workshops conducted in 6 provinces Achieved Attendance registers Annual evaluation report None Development, approval and implementation of the INHOPE recommendations implementation plan Recreational equipment has been procured Achieved Updated implementation plan None Inhope online training and certification of CPU, new media specialist and online monitors CPU, new media specialist and online monitors trained Conducted evaluation of training Achieved Evaluation report Certificates None Train 300 educators on cyber-safety 539 educators trained Achieved Attendance register Evaluation report None ANNUAL REPORT 2016/17 139

142 Strategic Outcome 5 Program Program Indicators Strategic Objectives Strategic Initiatives Actual Performance Target 2015 / / 17 Number of strategic partnerships reviewed To develop strategic partnerships and stakeholder relations Partially achieved Draft stakeholder strategy not approved Implement the stakeholder relations plan Partnerships and collaboration Number of strategic partnerships reviewed Number of quarterly engagements To form and maintain national and international partnerships with identified key stakeholders, other regulators, industry players and law enforcement agencies for improved regulation (effectiveness, resourcing and enforcement) To pursue international regulatory alignment through engagements and partnerships Achieved Achieved Establish and engage stakeholders on the continent Host 4 quarterly stakeholder engagement sessions (including one CEO's engagements per quarter) Number of partnership assessment reports conducted Achieved Develop 4 partnership assessment reports Number of international film and gaming festivals attended Achieved Attend 4 film and gaming festivals 140 FILM AND PUBLICATION BOARD

143 Expand our footprint as the FPB through partnership and stakeholder relationships in pursuance of our mandate Actual Performance YTD Analysis Evidence Reasons for Variances 2016 / 17 Stakeholder relations strategy approved African engagement document approved Stakeholder surveys conducted Activity reports Attendance registers The following sectors were engaged in the year: Film industry Child protection Law enforcement agencies Technology sector Film schools Government departments Achieved Web Rangers minutes and proposal Results of the stakeholder survey None FPB attended the Africa Social Impact Summit hosted by Google in Kenya FPB hosted the Kenyan Film Classification Board study tour in South Africa FPB embarked on a content regulation information sharing trip to Namibia, where they visited organisations within the content regulation field Achieved Activity reports None FPB embarked on a content regulation information sharing trip to Ghana, where they visited organizations within the content regulation field The following engagements were held and participated in: Film industry engagement at DIFF Kenyan delegation stakeholder dinner Women's Day event LGBTI workshop in North West LGBTI workshop in KwaZulu-Natal Web Rangers prize giving ceremony Web rangers workshops X2 Childwelfare stakeholder forum IAWRT panel discussion for the women in media Achieved Activity reports Attendance registers None Four partnership reports were developed Achieved Partnership assessment None The following film festival were attended: Ekurhuleni Film Festival Durban International Film Festival DISCOP Joburg Film Festival Festival of Fame Achieved Activity report communication Programme None ANNUAL REPORT 2016/17 141

144 142 FILM AND PUBLICATION BOARD

145 ANNUAL REPORT 2016/17 143

146 144 FILM AND PUBLICATION BOARD

147 I pledge to do all I possibly can to protect children in South Africa, from exposure to disturbing and harmful material by way of publication, film or the internet. Sign your name below, take a photo and post it on social media for everyone to see it. Don t forget to tag our social media

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